| Ownership absoluteness, fault duty and contract freedom are the three greatest principles in modern age, but the contract freedom is the core of the private law autonomy( meaning autonomy), having the important function in the private law realm. Contract freedom principle is one of the three greatest principles of the propertied class civil law, the soul and the core of the contemporary contract law. Contract freedom thought originated the law of Rome,18,19 centuries propertied class revolution success, France, Germany, Japan and Anglo-American etc. The law of these countries reflected the principle. Since 20 centuries, contract freedom that has no any limitation almost and then rears it's irregularities. Facing this kind of circumstance, all these countries have to take some measures to limit the contract freedom.This paper regards the development of the contract freedom as the main line, analyzes the origination of contract freedom thought, the establishment of the contract freedom principle and the present condition of this principle. Along this line, we will see it is in the way that continuously negative oneself, continuously broke boundary, continuously challenge the decided system. Along this way, the boundary between the freedom and the limitation would be usually unclear .To find the reasonable boundary, this paper expects to look for a kind of way of thinking, a kind of method for us. This paper has four chapters, amounts to 31 thousand words.Chapter one focuses on the definition and the origination of the contract freedom thought. The contract freedom is a freedom to contract with somebody, to choose another party, to select the contract formation ,to certain the contents ,and to relieve or remedy the contract etc.. As long as do not breach the law, morals and the social order, everybody can have the right of contract freedom. The meeting of the minds is necessary. We usually think the contract freedom comes from the Consensual Contract of Rome. Consensual contract is the outcome that Rome contract freedom developed the well-learned stage, is also a near modern age and the contemporary contract main mode and origination. This chapter will chiefly introduce the history of this thought and analyze the period background in Rome. Chapter two focuses on the establishment of the contract freedom principle.The victory of the modern age propertied class revolution makes" freedom" again comeback in" contract", and run high for the position of the principle .The emergence of the capitalism in modern age, make contract freedom become a complete system, it regards market economy as the foundation , regards the Representative system democracy form of government as the politics guarantees and regards humanism as the value foundation. Exactly according to this complete system, contract freedom just leaps for a principle of the civil law in modern age from the thought of ancient Rome.Chapter three focuses on the laws and regulations about contract freedom in the all countries. Since 19 centuries contract freedom began to be widely accepted by all the countries and become a principle. This chapter will chiefly introduce this principle on the civil law in France, Germany, Japan, Anglo-American and our country, combine with all these countries social background to analyze these laws and regulations.Chapter four focuses on the history values and the present conditions of the contract freedom. As soon as the contract freedom produces, it affects the whole world with its enormous power. It plays an important role in getting people away from the shackles, developing humanism ethics and promoting the development of the Capitalism economy. Contract freedom closely connected with the equal of the two parties .For this, from the beginning, there was the possibility that was out of balance. From the end of 19 centuries, great changes have taken place in the fields of politics and economy in the capitalism nations, the contract freedom negative effect is come to appear, all countries has to ad... |
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