News scritte da NAHNYBIDA VOLODYMYR

News scritte da NAHNYBIDA VOLODYMYR

NAHNYBIDA VOLODYMYR

Freedom of contract as a fundamental principle of Ukrainian and EU contract law
26.04.2023

Apr

26

The purpose of the study is to define the legal essence of freedom of contract as a principle of contract law in Ukrainian and European Union civil law. Among the main methods of analysis a comparative method was used, which enabled to conduct a comparison of the reflection of principle “freedom of contract” in the acts of Ukraine and EU law, the Ukrainian practice of protecting this principle with the legal framework of regulation and protection of the research object in other countries, in particular in EU countries; analytical method, which enabled to assess the extent of using the principle of freedom of contract and establishing limitations of its action in civil-law relations. The legal essence of the principle "freedom of contract" in the private law of Ukraine and EU countries, its reflection in the acts of Ukraine and EU law, as well as the ratio of the principle with the related concepts was determined; the practice of interpretation and application of the principle of freedom of contract in the regulation of private legal relations in Ukraine and EU countries, as well as regulation of its limitations and their consequences were analysed.

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