freedom of contract

The doctrine that people have the right to bind themselves legally; a judicial concept that contracts are based on mutual agreement and free choice, and thus should not be hampered by external control such as governmental interference.

• This is the principle that people are able to fashion their relations by private agreements, esp. as opposed to the assigned roles of the feudal system. As Maine famously said, “[T]he movement of progressive societies has been a movement from Status to Contract.” Henry Sumner Maine, Ancient Law 165 (1864).

— Also termed liberty of contract; autonomy of the parties. [Cases: Constitutional Law 89. C.J.S. Constitutional Law § 491.]

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词条贡献者

双语律师Denise，知名法学院国际私法专业，擅长翻译各类与国际争议解决相关的法律文件。