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 […]
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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
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freedom of contract 契约自由；合同自由 指不受强制，依照自身意志订立合同并确定合同条款内容的自由和权利，并且该合同的履行，除有限的和例外的情况外，将由法院强制执行。契约自由是人们享有的一项基本权利，但它并不是绝对的，而是受到公共利益等的限制。同时，自19世纪中期以来，受垄断等因素的影响，合同当事人中处于弱势的个人往往并不能真正享有契约自由，该弊端现在正通过制定强制性默示条款、法定最低标准、限制免责条款以及代表僱员的工会讨价还价力量的发展等方法加以克服。 (=liberty of contract)
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