On Freedom Of Contract In The Companies Act

The freedom of contract in the company law, not only embodies its private character, but also embodies the freedom and efficiency of company's worth. The new company law revised in 2005 added a great many facultative norms and some mandatory norms, which highlighted the significance of the freedom of contract in the company law. With several viewpoints of contractual theory of the company, the author attempts to study the freedom of contract in the company law, to discuss the nature of the company law, to definite in the category of the freedom of contract law,and then to compare and mirror the related theory of the freedom of contract in the company law at home and abroad, and propose that holding the company's private character, insisting on the principle of judicial and administrative limited intervention and cultivating the private spirit of shareholders in order to perfect the freedom of contract in our country at present.