A Justification For Contract Institutions

In the development of current contract law, although the theories of contract law present a plural trend, the contract institutions of all countries have already tended to be homological. Almost all countries have adopted these three basic institutions: the institution of consent, the institution of reliance interest and the unconscionable institution.But these three institutions are based on various and even conflicting theories. What underlying the institution of consent is a free ideal in the classic contact law, but the unconscionable institution emphasizes on a fair result in a contract. The justification of the institution of reliance interest is the reliance of the promisee. As a result, there will be a conflicting relation between the free act in a contract and the result leaded by the free act in these three institutions.Therefore, to construct a harmonized system of contract law made up of these three institutions and to give a justification for these institutions, it is necessary to deal with the basic problem: which is the test of a right contract institution, is the free act itself or the results leaded by the free act?In our country scholars'research on the justification for contract...