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合同制度作为古老的法律制度诞生于古罗马的法律,合同的产生基于商品交易下的契约自由原则,在契约自由原则的奠定下产生了合同的原则中的核心——相对性原则。相对性既是合同法的原则,也是合同法的特点,其背后有着重要的思想理念的支撑。作为合同法的核心精神,相对性一直是合同运行过程中的准则,并被世界各国广泛的接受和认定。在合同所依附的社会情形不断变化的情况下,相对性原则在多种程度上被各种行为和理念所突破,导致其在矛盾中批判性的发展。
The contract system as the ancient legal system was born in the ancient Roman law. The contract was born out of the principle of freedom of contract under the commodity transaction. Under the principle of freedom of contract, the principle of relativity in the principle of contract was born. Relativity is not only the principle of contract law, but also the characteristics of the contract law, backed by important ideas and concepts. As the core of the contract law, relativity has always been the criterion in the operation of the contract and has been widely accepted and affirmed by all countries in the world. In the ever-changing social situation to which the contract is based, the principle of relativity has been breached by various acts and concepts to various extents, leading to its critical development in contradictions.