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契约自由乃市场经济之基石,当事人双方自由行使民事权利乃意思自治之应有之意,但现代民法出于对契约正义的关注而开始加强对契约自由的限制,于是属于经济法范畴的反垄断法基于禁止合同权利滥用以及对契约自由的限制而生,而这种“干预”也成为衔接民法与反垄断法的桥梁。本文正是探讨反垄断法对契约自由进行限制的基础和表现,从权利限制的视角出发,以此审视民法与反垄断法之间的关系。
Freedom of contract is the cornerstone of the market economy. The freedom of civil rights exercised by both parties is the meaning of autonomy of will. However, modern civil law began to strengthen the restriction of freedom of contract because of its concern for contractual justice. Therefore, antitrust laws Based on the prohibition of abuse of contractual rights and the restriction of contractual freedom, this “intervention” has also become a bridge between civil law and anti-monopoly law. This article is about the antitrust law to restrict the freedom and contractual foundation and performance, from the perspective of the right to limit, in order to examine the relationship between civil law and anti-monopoly law.