LIMITS OF DISCRETION OF SUBJECTS OF CIVIL RELATIONS IN THE EXERCISE OF FREEDOM OF CONTRACT |
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| 2026 |
| scientific article | 347.441 | ||
| 169-177 | усмотрение, гражданско-правовой договор, предел, ограничения, свобода договора, частные интересы, публичные интересы, discretion, civil contract, limit, restrictions, freedom of contract, private interests, public interests |
| The article is devoted to the study of theoretical and methodological approaches and the legal foundations of the concept of freedom of civil contract and the definition of its limits. Taking into account the analysis of doctrinal positions and law enforcement practice, a conceptual approach was formulated on the issue of limiting the discretion of participants in civil relations in the exercise of their freedom of contract. The vision proposed in the article is based on a differentiated approach in identifying the limits of discretion in the implementation of contractual freedom based on two groups of premises. The methodological basis of the study includes general scientific methods (analysis, synthesis, induction and deduction), as well as a comparative legal method. The main result of the study is the formulation of the limits of the discretion of the subjects of legal relations in the implementation of contractual freedom, which integrate the private and public aspect, as well as the peculiarities of the voluntary restriction of the freedom of the contract by the participants in civil relations. |
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