New Developments in Freedom of Contract in the Civil Code’s Contracts Section

Qingchen Gao


Under the new development pattern, China’s economy is facing a new turning point, respecting the autonomy of the
parties, which is the inherent requirement of economic development and the endogenous logic of civil law. The freedom of contract
is a late start in China, but it has developed extremely rapidly.Civil Code’s Contracts section develops freedom of contract in
terms of the expansion of contract formation, softening of contract validity, and changes in contract interpretation provisions. By
clarifying the new development of freedom of contract in the Civil Code, we can get a glimpse of the path chosen by the Civil Code
for the modernization of our economy and its response to the main contradictions of our society.


Freedom of contract; Contract interpretation; Green principles

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[1] Xie Hongfei. Changes in the intrinsic system of the Civil Code’s contract section[J]. Journal of Shanxi University, 2020,(06):17.

[2] Zhu Qingyu. General Theory of Civil Law [M]. Beijing:Peking University Press,2016:68.

DOI: https://doi.org/10.18282/l-e.v10i2.2339


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