The relationship between the basic principles of contract law

The basic principles of the contract are mainly as follows: 1. The principle of equality: the parties to the contract have equal legal status, and one party may not impose its will on the other party.

V. Prohibition of Abuse of Rights and Principles of Public Order and Good Customs: When parties conclude and perform contracts, they shall abide by laws and administrative regulations, abide by social morality, and must not disrupt the social and economic order or harm the public interest.

Chapter 1 of the General Provisions of the Contract Law clearly stipulates the basic principles of contract law.

1.The principle of equality and voluntariness.

Article 3 of the Contract Law stipulates that "the parties to a contract have equal legal status. This provision clearly points out that no matter what the status of the parties is, their legal status in the contractual relationship is equal to each other, and they are all independent legal parties who enjoy the qualification of equal subjects.

Legal equality is a prerequisite for the principle of voluntariness.

2.The principle of fairness, honesty and credibility.

The exercise of rights and the performance of obligations by the parties shall follow the principle of good faith". Fairness, honesty and credibility are the most important basic principles of civil activities. The principle of fairness and good faith requires the parties to be honest, trustworthy, cooperate with each other and not abuse their rights in the whole process of concluding and performing the contract and after the termination of the contract.

3.The principle of abiding by the law and safeguarding the public interest.

Article 7 of the Contract Law stipulates that "the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb the social and economic order or harm the public interest when concluding and performing a contract." "Abiding by the law and not harming the public interest are important basic principles of contract law.

4.The principle that a legally established contract is binding on the parties.

Article 8 of the Contract Law stipulates that "a contract established in accordance with law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization.

The principle of voluntariness in the conclusion of a contract is implemented, however, a contract established in accordance with the law is legally binding on the parties and is protected by law. The parties shall perform their respective obligations in accordance with the provisions of the contract, and shall not modify or terminate the contract without authorization except in accordance with the provisions of the law or with the consent of the counterparty; If you fail to perform your contractual obligations or the performance of your contractual obligations does not conform to the agreement, you must bear the liability for breach of contract or be punished by law.

The basic principles of contract law are the main purpose and fundamental norms of contract law, 1. the principle of voluntariness, 2. the principle of good faith, 3. the principle of legality, and 4. the principle of equality.

The principle of voluntariness refers to: the principle of voluntariness, also known as the principle of autonomy of will, refers to the fact that civil subjects independently participate in civil activities and manage their own private affairs in accordance with their own rational judgments, and are not subject to illegal interference by state power and other civil subjects.

Principle of fairness: The principle of fairness includes the meaning of equivalent compensation, that is, in civil activities, unless otherwise provided by law or otherwise agreed by the parties, the parties shall pay the corresponding consideration to the other party for obtaining the property interests of others.

The principle of good faith refers to the fact that civil entities should be honest and credible in engaging in civil activities, and exercise their powers and perform their obligations in a bona fide manner.

The principle of protecting public order and good customs means that the conduct of civil subjects shall abide by public order and conform to good customs, and shall not violate the public order of the state and the general morality of society.

That's all, if you don't understand the words or you don't understand the places (I didn't write out the places) I can give it to you.

Legal Analysis: The principles of contract law are:

1. The principle of equality and voluntariness;

2. The principle of fairness, honesty and credibility;

3. Abide by the law and not harm the public interest;

4. The principle that the contract is legally binding;

5. Encourage the principle of trading.

Legal basis: Article 509 of the Civil Code of the People's Republic of China: The parties shall fully perform their own righteous omen and friendship duties in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

1) The principle of equality. (2) The principle of voluntary contract. (3) The principle of fairness. (4) The principle of honesty and repentance.

Article 465 of the Civil Code of the People's Republic of China provides that contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law. Article 466 of the Civil Code of the People's Republic of China Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, integrity of the contract, and the principle of good faith.

Legal analysis: The basic principles of contract law are: the principle of equality, the principle of voluntariness, the principle of fairness, the principle of good faith, and the principle of legality.

According to the relevant provisions of China's Civil Code, the parties to the contract shall follow the relevant principles when entering into a contract, otherwise the contract can be revoked or invalid. The legal status of civil principals and suspects in civil activities is equal.

Legal basis: Article 4 of the Civil Code of the People's Republic of China: The legal status of civil subjects in civil activities is equal.

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes. Article 6:

Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties. Article 7: Civil entities engaging in civil activities shall follow the principle of good faith, uphold honesty, and abide by their commitments.

Article 8: Civil entities engaged in civil activities must not violate the laws of law and must not violate public order and good customs.

The basic principles of the contract are as follows: 1The principle of equality Article 3 of the Contract Law stipulates that:

The parties to the contract have equal legal status, and one party may not impose its will on the other. The principle of equality refers to the principle that the parties to a contract with equal status reach an agreement through full consultation on the basis of reciprocity of rights and obligations, so as to achieve the purpose of mutual benefit and reciprocal economic interests. This principle has three components:

1) The legal status of the parties to the contract is equal. In law, the parties to the contract are equal subjects, and there is no distinction between high and low and subordinate, and there is no order and orderee, manager and managed. This means that regardless of the nature of ownership, regardless of the size of the unit or the strength of its economic power, their status is equal.

2) Reciprocity of rights and obligations in the contract. The so-called "reciprocity" refers to the enjoyment of rights, and at the same time the assumption of obligations, and the rights and obligations of each other are corresponding. This requires that the property, services or work products obtained by the parties are substantially equivalent to the obligations they have performed smoothly; require one party not to take possession of the property of the other party without compensation and infringe upon the rights and interests of others; It is required to prohibit flat and gratuitous transfers.

3) The parties to the contract must fully negotiate and reach an agreement on the terms of the contract before the contract can be established. A contract is the result of the agreement between the two parties to express their intentions and agree on the terms of the contract. 2.

The principle of voluntariness is an important basic principle of contract law, in which the parties to a contract voluntarily decide and inform each other of their rights and obligations through consultation. 3.The principle of fairness As the basic principle of the macro law of contracts, the principle of fairness has the following meanings and functions:

The principle of fairness is the embodiment of social morality and meets the requirements of business ethics. Taking the principle of fairness as the code of conduct of the parties to the contract can prevent the parties from abusing their powers, protect the legitimate rights and interests of the parties, and safeguard and balance the interests of the parties. 4.

The Principle of Good Faith The principle of honesty requires the parties to be honest, trustworthy, and cooperate with each other in the whole process of concluding and performing the contract and after the contract is terminated. 5.The principle of not harming the public interest Obeying the law, respecting public morality, not disturbing the social and economic order, and harming the public interest are important basic principles of contract law.

Contracts can be said to be used in real life and work are very numerous, and the contracts that can be named include labor contracts, loan contracts, sales contracts, gift contracts, lease contracts, contract contracts, intermediary contracts, etc., although the characteristics of different contracts are different, when concluding contracts, the basic principles of the above contracts must be followed.