freedom of contract的意思|示意

美 / ˈfri:dəm ɔv kənˈtrækt / 英 / ˈfridəm ʌv ˈkɑnˌtrækt /

[法] 契约自由

freedom of contract的用法详解

Freedom of contract, which is also called as autonomy or liberty of contract, refers to the right of two parties to freely and freely contract according to their own will. Parties to the contract can negotiate and come to an agreement on the terms of the contract without interference from outside parties.

Freedom of contract is closely related to the concept of private autonomy. In a free market, private autonomy is the idea that each person should be able to make their own decisions about how to use their resources, including their time and money, without fear of undue interference from the government or any other outside source. This right of autonomy is closely connected to the right of freedom of contract, as it ensures that two parties are able to enter into a contract without it being interfered with by outside sources.

The right of freedom of contract is used in many different areas of law, such as in contract law, tort law, property law, and business law. It is also used in the formation of contracts of various types, such as employment contracts, real estate contracts, and even marriage contracts. The right of freedom of contract is often used to protect parties in a contract from being unfairly pressured or coerced into entering into a contract.

In addition, freedom of contract allows people to create contracts that may provide for more flexible terms and conditions than the standard terms and conditions available for the same type of contract. This allows the contracting parties to customize their contract to fit their individual needs and desires. For example, in a real estate contract, the parties may negotiate and agree upon terms regarding the sale price, closing costs, duration of the financing, etc.

Lastly, freedom of contract allows for the enforcement of contracts. When all parties agree to a contract, the contract is legally binding and enforceable in a court of law should any party fail to fulfill his or her obligations under the agreement.

In conclusion, freedom of contract is a vital concept in the law of contracts, as it allows parties to freely enter into agreements that suit their particular needs and desires. Its right of enforcement means that the intentions of the parties are respected and are enforceable in a court of law.