契约自由是契约制度之灵魂,是市场经济得以建立和发展的法律基础,在私法领域居于基石性的地位,但这并不当然可以理解为契约自由即为绝对的自由。事实上,为了更好的稳定社会经济秩序,平衡各方利益,我们应当对契约自由进行必要的限制,以避免由于绝对的自由而引起更多的弊病。 Freedom of contract is the soul of the contract system and the legal basis for the establishment and development of a market economy. It occupies a cornerstone position in the field of private law. However, it is not of course understood that freedom of contract is absolute freedom. In fact, in order to better stabilize the social and economic order and balance the interests of all parties, we should make the necessary restrictions on the freedom of contract so as to avoid causing more defects due to absolute freedom.