Freedom of contract in the EU and China

Junwei Fu*

*此作品的通讯作者

科研成果: 期刊稿件文章同行评审

3 引用 (Scopus)

摘要

In modern contract law, freedom of contract is of an underlying principle that people have struggled for centuries. Both China and Europe fully realized its value, although in distinct ways that are deeply rooted in the two regions' historical and cultural backgrounds. In Europe, freedom of contract is restricted by principles of good faith, fair dealing, social justice and fundamental rights, whereas in China, except for those limitations set by the Europe, the traditional notion of contract voluntariness is rather limited by the collective interests and interests of the state. This paper is intending to describe the different understandings of freedom of contract in the EU and China.

源语言英语
页(从-至)274-280
页数7
期刊Journal of International Commercial Law and Technology
8
4
出版状态已出版 - 2013

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