THE PRINCIPLE OF FREEDOM OF CONTRACT IN CIVIL LAW: CONTENT FEATURES AND DEVELOPMENT TRENDS
The article deals with the problem of the content of the principle of freedom of contract in civil law and its relationship to theideas of equity and equality.The author derives a conclusion thatbecause of the impossibilityof absolute freedominsociety the statealways guarantees and allows onlylimited freedom. Limitations of the freedom ofcontractmight be either of “basic” natureif theirprimary sourceis the social consciousness or of optional nature if their primary source is the will of the state. These limitationsare not the sameat each historical stage and depend on the levelof social development.The authorreveals that modernbasiclimitationsof the freedom of contract have beenformedunder the influence ofthe idea of equity.