一、契约自由的起源和发展契约自由最早起源于罗马,当时契约最重要的精神就是双方合意,非经双方同意不得随意变更和解除。1契约自由这一原则的兴起和确立是在十九世纪中叶,工业革命造就了西方的繁荣经济,人们从农业社会向工业社会过渡,农奴的劳动力被彻底解放,他们成了纯粹的自由劳动者。所以个人价值在这一时期得到了至高无上的推崇,所以国家对契约自由充分尊重,很少加以限制。二、契约自由的限制与格式条款的出现 First, the origin and development of freedom of contract Freedom of contract originated in Rome, when the most important spirit of the contract is that both parties agree, not without the consent of both parties shall not be free to change and lift. 1 The rise and establishment of the principle of freedom of contract was that in the mid-nineteenth century, the industrial revolution created a prosperous economy in the West, and people moved from agrarian society to industrial society. The serf labor was completely liberated and they became purely free laborers . Therefore, personal value was respected at this period of supreme, so the state fully respects the freedom of contract and seldom limits it. Second, the constraints of freedom of contract and the emergence of format terms