Limitations of contractual freedom in the mechanism of legal regulation

Abstract

The article is devoted to analyzing the question of limitation of contractual freedom in the mechanism of legal regulation. Freedom of contract is manifested in the freedom of the parties to decide when and with whom to enter into negotiations with the intention to conclude an agreement, and way in which to negotiate. In other words, the principle of contractual freedom takes effect at the stage preceding the conclusion of the contract, namely during negotiations, when the parties trying to find out possibilities of each other. Some of contractual restrictions concern freedom of will and the will of the parties, a part of other - legal personality of counterparts. Author researched that the category of the legal capacity is constraint of contractual freedom. The main component of the accession of the individual in contractual relations is acquiring by the party full legal capacity thought reaching a certain age. The category «legal capacity» is used to protect the interests of subjects of the contract, not having sufficient autonomy, other qualities necessary for the realization of their rights. Author stated that the agreement can be concluded in any form if other requirements for the form of the contract are not provided by law. However, the parties in the contract have the right to choose a form contract, which would express their will to join and stay in a contractual relationship. In the article the author made the conclusion that the legislator, defining the form and/or a type of contract, including writing notarized treaty, protects the interests of its citizens and provides a clear expression of the will of the participants of contractual relations.