The Economic Analysis on the System of "Freedom of Contract"-Focusing on Article 71 of Civil Code
碩士 === 中國文化大學 === 法律學系 === 105 === Trading began from the dawn of human society, with subsequent transactions between two individuals creating a contract. The principle of freedom of contract, as the basic principle of modern contract law, includes: the freedom to make contracts, the relative fr...
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ndltd-TW-105PCCU01940312019-05-15T23:24:50Z http://ndltd.ncl.edu.tw/handle/3ukxtx The Economic Analysis on the System of "Freedom of Contract"-Focusing on Article 71 of Civil Code 論契約自由原則之法律經濟分析-以民法第七十一條為中心 CHEN,CHIEN-CHANG 陳建璋 碩士 中國文化大學 法律學系 105 Trading began from the dawn of human society, with subsequent transactions between two individuals creating a contract. The principle of freedom of contract, as the basic principle of modern contract law, includes: the freedom to make contracts, the relative freedom of both people and content, and private autonomy as a core governing principle. Freedom of contract allows people to escape the confines of identity, giving them the freedom to: participate in the market economy, further the development of humanist ethics, promote economic development; as per comparative jurist Sir Henry James Sumner Maine in "from status to contract”. However, in modern society, governed by law, the freedom of contract principle was gradually limited, in order to protect the rights of the people. Those in favor of freedom of contract, established under restrictions, have become the exception to the freedom of contract principle. In a market economy though, the transfer of wealth and goods, and the configuration and use of labor resources, are required before they can be reached through the contract and the open freedom of contracts can create an active market economy. The lower limit is set to slow the development of the market economy. The paper will focus on the article 71 of civil code, to collect the judgments involved in violation of the mandatory or prohibit the provisions of the verdict of the Supreme Court of Taiwan in recent years, and discuss whether the limits for freedom of contract is reasonable from the viewpoint of comparative analysis and economic perspective from the civil law system of Taiwan and hope to get a more effective solution and be the suggestions on amending the law. Hsu,Hui-Feng 許惠峰 2017 學位論文 ; thesis 169 zh-TW |
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碩士 === 中國文化大學 === 法律學系 === 105 === Trading began from the dawn of human society, with subsequent transactions between two individuals creating a contract. The principle of freedom of contract, as the basic principle of modern contract law, includes: the freedom to make contracts, the relative freedom of both people and content, and private autonomy as a core governing principle. Freedom of contract allows people to escape the confines of identity, giving them the freedom to: participate in the market economy, further the development of humanist ethics, promote economic development; as per comparative jurist Sir Henry James Sumner Maine in "from status to contract”.
However, in modern society, governed by law, the freedom of contract principle was gradually limited, in order to protect the rights of the people. Those in favor of freedom of contract, established under restrictions, have become the exception to the freedom of contract principle. In a market economy though, the transfer of wealth and goods, and the configuration and use of labor resources, are required before they can be reached through the contract and the open freedom of contracts can create an active market economy. The lower limit is set to slow the development of the market economy.
The paper will focus on the article 71 of civil code, to collect the judgments involved in violation of the mandatory or prohibit the provisions of the verdict of the Supreme Court of Taiwan in recent years, and discuss whether the limits for freedom of contract is reasonable from the viewpoint of comparative analysis and economic perspective from the civil law system of Taiwan and hope to get a more effective solution and be the suggestions on amending the law.
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author2 |
Hsu,Hui-Feng |
author_facet |
Hsu,Hui-Feng CHEN,CHIEN-CHANG 陳建璋 |
author |
CHEN,CHIEN-CHANG 陳建璋 |
spellingShingle |
CHEN,CHIEN-CHANG 陳建璋 The Economic Analysis on the System of "Freedom of Contract"-Focusing on Article 71 of Civil Code |
author_sort |
CHEN,CHIEN-CHANG |
title |
The Economic Analysis on the System of "Freedom of Contract"-Focusing on Article 71 of Civil Code |
title_short |
The Economic Analysis on the System of "Freedom of Contract"-Focusing on Article 71 of Civil Code |
title_full |
The Economic Analysis on the System of "Freedom of Contract"-Focusing on Article 71 of Civil Code |
title_fullStr |
The Economic Analysis on the System of "Freedom of Contract"-Focusing on Article 71 of Civil Code |
title_full_unstemmed |
The Economic Analysis on the System of "Freedom of Contract"-Focusing on Article 71 of Civil Code |
title_sort |
economic analysis on the system of "freedom of contract"-focusing on article 71 of civil code |
publishDate |
2017 |
url |
http://ndltd.ncl.edu.tw/handle/3ukxtx |
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