THE PRINCIPLE OF FREEDOM OF CONTRACT IN CIVIL LAW: FEATURES AND LIMITS

According to the principle of freedom of contract, the parties are able to determine the grounds and procedure for the emergence, change and limitation of civil turnover. However, such a freedom presupposes great moral requirements for the subjects of legal relations, who should use the right granted to them without violating the interests of others. These requirements are necessary to maintain the balance of interests of the weak and the strong party. After the legislator had realised the need to protect the rights of citizens, he established a wide range of restrictions on the principle of freedom of contract. The author considers each restriction, however, dwells on legal custom and comes to the conclusion that Article 5 of the Civil Code of the Russian Federation dedicated to custom in civil law mentions only the concept of custom and that customs contrary to the law or contract are not applicable. The author thinks that in such a situation there is a gap in the law, and proposes the way to fill it.