什么是契约精神?（最好就是英文版的啊,老师要我们写英文啊!）急

Question

什么是契约精神?（最好就是英文版的啊,老师要我们写英文啊!）急

Answer 1

Contract mental body there are four important elements: the spirit of freedom of contract 、 contract the spirit of equality 、 contract to keep the spirit of 、 the spirit of contractual relief. The spirit of freedom of contract spirit is the core of contract. Western concept of human rights has been present in economic freedom in the spirit of freedom of contract .
Spirit of freedom of contract includes three aspects, the freedom of choice Contracting 、 decide the content and methods of contracting freedom. Freedom of contract mainly in the field of private law. Contract the spirit of equality is the main conclusion of the status of the contract are equal, the Parties equal rights to fulfill their obligations to treat each other benefits, no one has privileges beyond the contract. In order to achieve equality in the spirit of contract, breach of contract are subject to sanctions, the aggrieved party will be conducive to their relief. precisely because of the perfect embodiment of Contract the spirit of equality will only be as a theoretical weapon bourgeois revolutionaries created a social contract theory, a part of each assignment to the State on behalf of the power used, the two sides reached agreement, establishing a social contract, their respective rights and obligations of the respective to achieve social harmony.
Contract to keep the spirit of spirit of contract is the core spirit, but also contract from the habit of rising to the spirit of the ethical basis of good faith as the civil law "King terms" and "Dragon in all jurisdictions, the basic principle", the contract does not rise for the spirit of contract before the people to contract from the distrust of each other, the contract is entered into adopting a mandatory doctrine, when the lease contract up to the spirit of the future, people from each other's trust to enter into contracts, abide by the spirit when the contract become a convention in society's mainstream, the value of the contract really be achieved. there is in the contracting parties contract and trustworthy among inner spirit of the Parties based on trustworthy, not at the time of contracting fraud 、 not hide the truth 、 not malicious parties 、 performance contract, full compliance, while making the necessary good administrator 、 care 、 care and other accompanying obligations.
The spirit of contractual relief is a relief to the spirit of the people in the trade of goods through contracts to achieve relief for their losses. When the parties have suffered damage due to acts of the Parties, the complaint filed breach of contract, so that their own interests to The ultimate protection, up to the field of public law, citizens and the State entered into a contract, that is the Constitution. When private rights of citizens violated by public authority, can still enter into a contract with the state and get relief.