Contract Recovery And The Correction Of Justice On The Principle Of Freedom Of Contract

The freedom of contract principle has strongly manifested the civil law meaning autonomously, had the core status in the entire civil law domain. The freedom of contract once took a sacred principle is esteemed. "The reciprocity of people established on the basis of the free idea was fairest and most advantageous to the society". So-called "the contract is just". Entering the modern society, along with the economical development and the civil main body status difference expansion, the freedom of contract even became the tool which has caused "the weak one weakly, the powerhouse was stronger" .The freedom of contract departs from its essence—just, and it has had the conflict with just. Standard contract appearance, good faith principle and so on elastic the provision is legislated accepts, decides the compulsory contract provision and so on, all sorts of rules and regulations certainly did not indicate the freedom of contract principle the decline, as the modern contract method basic principle, the freedom of contract does not allow its status to vacillate, It especially has the vital significance to our country. Thus we need to carry on to the freedom of contract rectifies, and enable it to walk to the road of the just. On one hand, in order to be just, the people have chosen the freedom; on the other hand, in order to be just, the people have chosen to carry on some rules and regulations to restore the true significance of the freedom of contract principle, to restore its original value.The textual foreword introduces the problem's putting forward and meaning of discussing it. Chapter 1: to begin with the analysis of the freedom of contract principle, we mainly discuss some basic theories—the Connotation of the contract freedom, The freedom of contract principle and its foundation of forming and function. Chapter 2: The freedom of contract principle matches the contractual justice in the recent contractual system. Chapter 3: the freedom of contract principle deviates from contractual justice in the modern contractual system contractual justice and the performance of the deviation. Then we carry on theories analysis to the deviation. Chapter 4: the measures of rules relevant of the freedom of contract principle.I try to draw lessons from new research way of thinking, adopt a horizontal method of crossing history investigation and reality At the same time, we take time as stalk line, and take a wide view contractual and free reason from modern age to the history of modern development. We take space as stalk line horizontal contrast: In order to carry out contractual justice, all countries carry on a series of measure of rules and regulations to the freedom of contract principle analysis.