GENERAL ASPECTS REGARDING THE CONTRACTUAL FREEDOM
GENERAL ASPECTS REGARDING THE CONTRACTUAL FREEDOM
Author(s): Liliana Marilena LazărSubject(s): History of Law, Civil Law, Human Rights and Humanitarian Law, Philosophy of Law, Sociology of Law
Published by: Editura Arhipelag XXI
Keywords: fundament; essential; autonomy of will; principle; intention;
Summary/Abstract: The freedom is the foundation of the law. The subjective right itself implies the notion of freedom. The freedom of the contract, the expression of the autonomy of will are the basis of the principles applicable to the general theory of the contract, so that the formation of the contracts presupposes the existence of the will of the parties, as well as the intention of the contractors to engage lawfully. Under the Article 1169 Civil Code, the parties are free to conclude any contracts and determine their content, within the limits imposed by law, public order and good morals. This paper aims at analyzing the general aspects regarding the contractual freedom.
Journal: Journal of Romanian Literary Studies
- Issue Year: 2023
- Issue No: 33
- Page Range: 314-320
- Page Count: 7
- Language: Romanian