Party Autonomy, Private Autonomy, and Freedom of Contract

Zhaohua Meng


Party Autonomy, Private Autonomy, and Freedom of Contract are misused concepts in the private law area. Indeed, there are a lot of connections among the three concepts; however, it does not mean that they can be used alternatively under any circumstances. After etymology research and semantic analysis, it can be found that the core of the three concepts is autonomy but the application scope and the emphases of the context of each concept are different in certain degree: Party autonomy emphasizes the respect of personal rights, private autonomy is opposed to the constraint and or restriction of public law, and the freedom of contract is an extension of the idea of equality and utility with the situation that commodity economy fully developed. In the applicable area of international private law, the following conclusion can be made: Private autonomy equals to party autonomy, and party autonomy includes freedom of contract.


Party autonomy, Private autonomy, Freedom of contract

Full Text:



Chen, H. B. (2007). The formation and development of the Pandekten system. Journal of Shanghai Normal University (Philosophy and Social Science), (4), 31-37.

Claus-Wilhelm, C. (1999). Development and legislation of civil law – The basic concepts and development of the german contract law. In M. H. Lin (Trans.). National Taiwan University Law Journal, (3), 73.

Dagan, H. (2008). The limited autonomy of private law. American Journal of Comparative Law, Summer, 811.

Dieter, M. (2004) General principles to German civil law (p.146). In J. D. Shao (Trans.). Beijing: China Law Press.

Gao, Y. (2007). Theory, function, technique: The extension and evaluation of the party autonomy principle (p.30). (Doctoral dissertation). Changchun: Jilin University.

Hu, W. (2008). Legal philosophical research on party autonomy (p.22). Doctoral Dissertation. Wuhan: Central China Normal University.

Li, J. (2005). The basic connotation of private law. Hebei Law Science, (1), 76.

Liang, H. X. (1997). General principles to civil law. Beijing: China Law Press.

Lü, Y. F. (1999). Party autonomy in private law and private international law – International private law’s attribution and scope. Law and Social Development, (1), 80.

Patrick, S. A. (1982). An introduction to the law of contract (p.15). In Z. K. Cheng (Trans.). Beijing: China Law Press.

Pietro, B. (1992). Institutions of Roman law (p.9). In H. G. Feng (Trans.). Beijing: China University of Political Science and Law Press.

Su, Y. Q. (2002). Private autonomy of the new century (p.86). Beijing: China University of Political Science and Law Press.

Sun, G. H., & Yang, S. B. (2004). The division of public and private law and the internal structure of law. Law and Social Development, (4), 102.

Sunstein, C. R. (2002). Free markets and social justice (p.12). In Z. W. Jin, et al. (Trans.). Beijing: China University of Political Science and Law Press.

Wang, L. M. (2003). Research on the general principles of civil law (p.112). Beijing: China Renmin University Press.

Wang, Z. J. (2001). Law of obligations (pp.69-70). Beijing: China University of Political Science and Law.

Wang, Z. M. (2003). Introduction to civil law (p.15). Beijing: China University of Political Science and Law Press.

Yin, T. (1995). French modern contract law (p.13). Beijing: China Legal Press.

Yin, T. (1995). French Modern Contract Law (pp.14-15). Beijing: China Legal Press.

Zhang, W. X. (1996). Study on the western legal philosophy ideological trend in the 20th century (pp.532-535). Beijing: China Law Press.

Zhao, W. Y. (2003). Ethical analysis on the principle of party autonomy in civil law. Journal of Henan Administrative Institute of Politics and Law, (5), 15.

Zhao, W. Y., & Wu, X. F. (2003). Contract freedom and public order and good morals. Modern Law Science, (3), 53.

Zhao, Y. (2004). The application scope of party autonomy. Journal of China University of Political Science and Law. (2), 101.

Zhou, N. (1994). The theory of roman law (p.84). Beijing: China Commercial Press.



  • There are currently no refbacks.

Copyright (c)

Share us to:   


  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.
  • We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases:;;

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).


Address1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.

Website: Http:// Http://,

Copyright © Canadian Academy of Oriental and Occidental Culture