Implied-in-fact Contract

The fact contract can establish the contract relationship only because of the fact process,which transcends the category of the autonomy of will in the traditional contract.This theory is different from the traditional contract theory which expresses the consistent formation of the contract according to the intention.It has caused a stir in the field of civil law,and has also been criticized by many people.In the traditional contract,the legal behavior of the parties to form the contract is centered on autonomy of will.The fact contract is a contractual relationship formed according to the facts stipulated by the law.The meaning expression elements of the legal act are replaced by the fact act in the fact contract.But in the civil law the improper enrichment is obtained.Requirements for management,etc.,without cause: in some cases,the expression of will is not indispensable and should be combined with The fact contract has limited the freedom of contract to some extent,so as to achieve the aim of protecting the interests of the vulnerable groups and realize the substantive justice and make up the deficiency of the traditional contract theory.In this case,the fact contract can clarify the legal status between the parties,so that they can find the theoretical basis for solving the dispute under the rules of the contract system.