The Principle of Freedom of Contract in Civil Law

Purpose of the study. The article deals with the problematic issues arising in the implementation of the principle of freedom of contract. The article analyzes judicial practice, which most fully reflects how this or that element of the principle is implemented in practice. The purpose of the study is to study and identify problematic issues in the field of operation of the principle of freedom of contract. The content of the principle of freedom of contract is considered in the article through its main elements. Limitations of the principle of freedom of contract are considered separately. Conclusions. As a result of the study, the author comes to the conclusion that the principle of freedom of contract, as the basic principle of civil legislation, has its own elements that specify it, including: 1) freedom of the parties to enter into contractual legal relations; 2) the freedom of the parties to determine the type of the concluded contract; 3) freedom of the parties to determine the terms of the contract. Also, freedom to change and terminate a contract, etc. can be considered as elements of freedom. Providing the parties with broad powers, the principle is limited by the construction of a public contract, an accession contract, and also limits the powers of the parties to the contract, the inadmissibility of violating the terms of the contract of the foundations of law and order and morality.

the principle of freedom of contract, imperativeness, discretion, public contract, agreement of accession, limitation of the principle of freedom of contract