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Freedom Of Contract Principle And Its Development

Posted on:2007-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:L X DangFull Text:PDF
GTID:2206360185471762Subject:Law
Abstract/Summary:PDF Full Text Request
Freedom of bond is the primary content and the basic form of autonomy of private laws, which is one of the three principal principles on which the civil law is based. In modern and current society, it has greatly accelerated the development in civil law and social improvement. Although neglected once owing to the planning economy, freedom of bond has currently been stressed intensely and has been regarded as soul of contract law. As the economic fundament from which traditional contract law derived has changed on a large scale, national economies have transformed from free competition to monopoly, the principle of freedom of bond based on individualism has been challenged increasingly by national interference. However, are these interference and restriction denial or protection of these principles? The author here intends to demonstrate the renascence and growth of these principles in contract law by examining their establishment and evolution.This paper consists of five parts: I. Bond & its Freedom, mainly concerned with their basic conceptions. As to the concept of bond, the continental law insists on the principle of conference whereas American and British laws emphasize the principle of promise. In the author's view, the essence of bond is the association of two parties' will. II. Basis of formation of the free principles of bond. Economic basis, shaping of modern market economy has created enormous growing space for progress of the free principles of bond; Then political basis, refers to the establishment of modern democratic politics; Finally, theoretical basis includes modern humanism, liberalism of economic theory and classical natural laws. III. Codification of the free principles of bond, first laid down in the continental laws—in French Civil Law and German Civil Law.
Keywords/Search Tags:freedom of making bonds, restrictions of the freedom, development of Bonds, justice of Bonds, formal Freedom, essential Freedom
PDF Full Text Request
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