Medieval Europe followed the complete liberalism of contracts. Now anyone who gets such a contract and goes to court will declare the guarantee contract invalid because it violates public order and good morals. Of course, if the main contract loan contract is valid, the loan should be returned. But in the historical background at that time, the social concept was complete freedom of contract, complete rule of will, as long as you like it, the validity of the contract is paramount. With the development of society, private rights will continue to be restricted, but the fundamental purpose of this restriction is to better safeguard our basic rights.
Therefore, when Sherlock insisted on performing the contract, according to the law at the time, it could only be performed according to the agreement of the parties in the contract. In the end, the wise judge cleverly saved the danger through the limited literary and artistic interpretation. In my opinion, this limited interpretation is not very convincing. According to the understanding of an ordinary person, cutting a pound of flesh will inevitably lead to bloodshed, which is unavoidable. Secondly, the purpose of my guarantee contract is to use cutting meat as a punishment for dishonesty. Therefore, the essence of this guarantee contract is to punish the loss of trustworthiness caused to his own interests. If the creditor Sherlock knew that his contract was executed in this way, as a normal person, he would not have borrowed. Keywords, normal people will not. The concept contained here is the anticipation of the law. The interpretation of the judge in the film makes me feel that it exceeds the expectations of the law.
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