摘要
契约自由是私法上意思自治原则的主要内容和基本表现,它是指在私法领域中个人可以完全按照自己的意志参与社会活动,自主地扮演市民社会中的主体角色,自由地与他人建立社会生活中的各种关系。契约自由不等于交易无序,不等于随心所欲,对契约自由应加以一定规制。
Freedom of deed is the core and express of the principle of party autonomy. It refers to the freedom of an individual to participate in social activities sparingly out of his own will, to play his principal part in the civil society, and to enter into various relations with other members of the community. Freedom of contract does not mean transactions at one's pleasure. Instead, freedom of contract should be regulated under certain rules.