The Freedom And Regulations Of Contract In Modern Society

The essence of freedom of contract is that the premise to set up contract must ensure the agreement of parties' will, Contractual rights and obligations are reasonable and have legal effect if and only if parties' meaning agrees. The principle of freedom of contract consists of two layers of meaning, one is that it characterizes the establishment of contract bases mutual agreement of the parties, on the other hand, it specifies that the formation of contract is the result of free choice under such constraints as national legislation and administrative interference. This paper first outlines the freedom of contract, and discourses the following contents such as development of the theory on the freedom of contract , rational regulations of modern contract theory to free of contract, regulation substance and future development of freedom of contract, freedom and regulations of Chinese contract law, the enlightenment of modern contract law theories on Chinese contract law system and so on.There are six parts in this paper.The first part outlines freedom of contract. The inherent meaning of freedom of contract from the view of modern contract law is firstly focused on, in other words, contract between the parties is the result of mutual consent and also is one of free choice of parties; The establishment and development of freedom of contract are discussed from two following aspects: inheritance of the Roman law and the major capitalist countries expounding; finally, this part discusses the contribution to the history and the impact on modern contract law.The second part deals with localization of contract theory and origination of freedom of contract. By historical analysis, it is discussed from two aspects: absolutization and abstract of classical contract theory, the historical analysis on regulation of freedom of contract.Part III discusses rational regulations of contract freedom on modern contract theory. This part firstly deals with the establishment and development of the general principles and theories——credit and honesty principles, situation change principle, contract relative principle and relation contract theory; it discourses regulations of contract freedom on contract law rules and norms——regulations of right of contracting freedom, regulations of decision right on contract contents, regulations of free choice right on conrract forms, and expanding the scope of contract responsibility.The fourth part is about modern essence of freedom of contract, re-understanding and futrue development of freedom of contract.Part V makes a historical analysis, theoretical analysis and normative analysis on contract law in China, and points out the problems and deficiencies of concept and institutional design in our contract law system, which lay the foundation for the final part.The final part pays emphasis on inspiration of modern contract theories on Chinese contract law. It firstly discusses about the necessity of freedom of contract requirements to market economy, and secondly gives enlightenment on freedom of contract theory to Chinese contract law system according to strict treatment with difference between strong equity and weak one, strictly defined limits of the impact of interest and so on.