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意思自治原则是现代民法一项重要的基本原则,它在合同领域表现最为明显,主要体现为契约自由。意思自治原则在我国《合同法》中也得到了充分的发挥。对于意思自治的涵义,并没有原则性的分歧,只是在具体表述上会有所不同。合同中意思自治的主要内容包括是否缔结合同,选择缔结合同的相对人,缔结合同的形式以及缔结合同的内容的自由。我国《合同法》从以任意性规范赋予当事人广泛的自由,对可撤销合同的范围对民法通则的超越,对无效合同的范围对民法通则的超越以及当事人追究责任的选择权等方面体现了意思自治原则。当然,合同法也对意思自治有所限制。但尽管如此,意思自治仍是民法的重要的基本原则,仍将发挥重要作用。
The principle of autonomy of will is an important basic principle of modern civil law. It has the most obvious performance in the field of contract, which is mainly embodied in the freedom of contract. The principle of autonomy of will also gave full play to China’s “Contract Law.” There is no principle of disagreement about the meaning of autonomy of will, except that there will be differences in specific expressions. The main content of autonomy in contract includes whether to conclude a contract, choose the counterpart to conclude a contract, form the contract, and conclude the contract. The “Contract Law” in our country embodies the meaning of the broad freedom of the parties conferred by arbitrary norms, the transcendence of the scope of the revocable contracts on the general rules of civil law, the scope of invalid contracts over the general rules of civil law and the right of the parties to hold accountable Autonomy principle. Of course, the law of contract also limits autonomy of will. Nevertheless, autonomy of will remains an important basic principle of civil law and will still play an important role.