Perm University Herald. Juridical Sciences. 2016. Issue 3 (33)

Title: THE PRINCIPLE OF FREEDOM OF CONTRACT IN CIVIL LAW OF THE REPUBLIC OF BELARUS
Authors:

Bondarenko N.L.
International University «MITSO»

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ORCID: 0000-0003-3947-728X ResearcherID: D-8364-2016
«Scopus» & «Web of Science» article:      

10.5829/idosi.wasj.2013.24.01.13176

Requisites: Bondarenko N. L. The Principle of Freedom of Contract in Civil Law of the Republic of Belarus. Vestnik Permskogo universita. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2016. Issue 33. Pp. 281–285. (In Eng.). DOI: 10.17072/1995-4190-2016-33-281-285
DOI: 10.17072/1995-4190-2016-33-281-285
Annotation: Introduction: according to the author of the article, the principle of freedom of contract, secured among fundamental principles of civil legislation of the Republic of Belarus, is not fully implemented in the current legislation. Purpose: to identify legal rules incoherent with the requirements of the principle of freedom of contract and to work out proposals for their correction. Methods: the methodological framework of the research is based on a set of universal, general scientific and specific scientific methods of cognition. For the purposes of this research, the leading role is assigned to analytical, critical and systemic methods, methods of analysis and synthesis, abstraction and concretization. Results: the author proves that the principle of freedom of contract is not confined within the scope of law of obligation. Being a fundamental principle of civil legislation, it extends to its whole array, its manifestations being found in all branches of civil law. One should not limit the principle of freedom of contract to the freedom of entering into a contract only because freedom of contract manifests itself at all stages of contractual relations until termination thereof. So far as the principle of freedom of contract is a base for civil law regulation in relation to rules of contract law, including the regulation on freedom of contract, the author suggests distinguishing between restriction of freedom of contract as a principle and restriction of certain elements of freedom of contracting parties. Conclusion: freedom of contract, as any freedom, should obtain guarantees. That is why it is essential for its limits to be set under the law only providing private and public interests are balanced..
Keywords: civil law; principles; contract; freedom of contract; legal rules; restriction of principles; mixed contracts; non-defined contracts
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References: Farnsworth E. A. Contracts. Aspen Publishers, 2004. 940 p. (In Eng.).
Golubtsov V. G., Bondarenko N. L. Civil Legislation Stability and Principles Providing it (By the Example of the Russian Federation and the Republic of Belarus). World Applied Sciences Journal. 2013. Issue 24 (1). Pp. 126–129. (In Eng.).
Hesselink M. W. The General Principles of Civil Law: Their Nature Roles and Legitimacy. Amsterdam, 2013. 50 p. (In Eng.).
Younkins E. Freedom to Contract. Liberty Free Press, 2000. Available at: http://www.quebecois-libre.org/younkins25.html. (accessed 15.04.2016) (In Eng.).
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