CONSIDERATION ON THE LEGAL VALUE OF CONTRACTUAL FREEDOM
CONSIDERATION ON THE LEGAL VALUE OF CONTRACTUAL FREEDOM

Summary/Abstract: This paper addresses the issue ,,contractual freedom” of individual legal concept frequently used language as right as it is now acute in its dynamics, but equally surrounded by certainties and uncertainties.Contractual freedom in its dual specificity as social reality constantly practiced, namely the construction of Romanian legal culture, the private law, public law that is accompanied by significant points of approach between Romanian legal system and the French system.After the brief historical evolution of the concept of autonomy of will, of Romanian law and to positivist theories contractualiste, we proceeded on to include some general considerations on the autonomy of the will and the conditions that must be met to ensure the validity of the agreement between the contracting parties.The work addresses ,,contractual freedom” as a natural consequence of autonomy of will and its legal limitations: public order and moral and contractual dirigisme problem and its consequences.

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