17世纪至18世纪的启蒙时代,随着商品经济的发展,契约自由原则被确立为私法自治的核心原则。但当时在个人本位的历史条件下,契约自由原则被绝对化,到资本主义垄断时期,契约自由原则就遭到了质疑。随着罗马法发展,诚实信用原则对交易的当事人和法官裁量案件提供了法律上的补充,其规范了合同的缔结、履行、终止及终止之后的整个过程。 From the 17th century to the 18th century Enlightenment, with the development of commodity economy, the principle of freedom of contract was established as the core principle of the autonomy of private law. However, at that time, under the historical condition of individualism, the principle of freedom of contract was absolute. By the time of capitalist monopoly, the principle of freedom of contract was questioned. With the development of Roman law, the principle of good faith provides a legal supplement to the parties to the transaction and the discretion of the judge, which regulates the whole process of conclusion, performance, termination and termination of the contract.