Author: Nadia Zayani*
Abstract
When evoking the issue of freedom[1] the concept leads and hints to liberal ideas that marked the occidental thinking and perspective towards economy and life in general this stream of liberalism had emerged during eighteenth century and all its ideas and approaches premised on a main conception deemed the backbone of the revolution of 1789 itself. Hence the revolution highlighted the issue of individualism, no matter is the area or the scope of function. Accentuating the fact that the economic field had the lion share of the influence. The renaissance is the mature ground to claim liberalism and individualism in all senses, an approach that stipulate the priority and the absolute privileges granted to individuals in order to manage their personal lives, as at work or business mainly the way they find it appropriate and convenient without any interference. There upon this was core idea that labeled the philosophy of the enlightenment which was spread from France across the whole Europe and then the whole world, an era of a long and historical battle against corruption and despotism and for the absolute respect to the human mind and choices and the total confidence and trust vis a vis his competences and abilities. From this angle, the cultural identity of the occidental world based on all this principles justify the historical development of the conception of freedom and the way it was inflicted and spread in different fields. Therefore, like China for instance, a country which had a radically different cultural identity and different history from Europe it is difficult to expect that these principles would be transplanted literally in china, because china has its own characteristics so the term freedom and individualism doesn’t seem compatible with the principle of social harmony, a virtue and a strict rule deep-rooted in the Chinese logic and way of thinking, nevertheless its clearly obvious here that individuals cannot be considered out of the collective context. So from this point, I am trying to prepare a ground for the limits of freedom of the contract in china
Keywords: Universal Contract Concept, Freedom of Contract, Concept of Chinese Contract
