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Вестник Пермского университета. Юридические науки  / №3 2016

THE PRINCIPLE OF FREEDOM OF CONTRACT IN CIVIL LAW OF THE REPUBLIC OF BELARUS (90,00 руб.)

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Первый авторBondarenko
Страниц5
ID531612
АннотацияIntroduction: according to the author of the article, the principle of freedom of contract, secured among fundamental principles of civil legislation of the Republic of Belarus, is not fully implemented in the current legislation. Purpose: to identify legal rules incoherent with the requirements of the principle of freedom of contract and to work out proposals for their correction. Methods: the methodological framework of the research is based on a set of universal, general scientific and specific scientific methods of cognition. For the purposes of this research, the leading role is assigned to analytical, critical and systemic methods, methods of analysis and synthesis, abstraction and concretization. Results: the author proves that the principle of freedom of contract is not confined within the scope of law of obligation. Being a fundamental principle of civil legislation, it extends to its whole array, its manifestations being found in all branches of civil law. One should not limit the principle of freedom of contract to the freedom of entering into a contract only because freedom of contract manifests itself at all stages of contractual relations until termination thereof. So far as the principle of freedom of contract is a base for civil law regulation in relation to rules of contract law, including the regulation on freedom of contract, the author suggests distinguishing between restriction of freedom of contract as a principle and restriction of certain elements of freedom of contracting parties. Conclusion: freedom of contract, as any freedom, should obtain guarantees. That is why it is essential for its limits to be set under the law only providing private and public interests are balanced
УДК347.1
Bondarenko, N.L. THE PRINCIPLE OF FREEDOM OF CONTRACT IN CIVIL LAW OF THE REPUBLIC OF BELARUS / N.L. Bondarenko // Вестник Пермского университета. Юридические науки .— 2016 .— №3 .— С. 36-40 .— URL: https://rucont.ru/efd/531612 (дата обращения: 27.04.2024)

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UDC 347.1 DOI: 10.17072/1995-4190-2016-33-281-285 THE PRINCIPLE OF FREEDOM OF CONTRACT IN CIVIL LAW OF THE REPUBLIC OF BELARUS N. L. Bondarenko International University «MITSO» 21/3, Kazintsa st., Minsk, 220099, Republic of Belarus ORCID: 0000-0003-3947-728X ResearcherID: D-8364-2016 DOI: 10.5829/idosi.wasj.2013.24.01.13176 e-mail: 2iu@tut.by Introduction: according to the author of the article, the principle of freedom of contract, secured among fundamental principles of civil legislation of the Republic of Belarus, is not fully implemented in the current legislation. <...> Purpose: to identify legal rules incoherent with the requirements of the principle of freedom of contract and to work out proposals for their correction. <...> Methods: the methodological framework of the research is based on a set of universal, general scientific and specific scientific methods of cognition. <...> Results: the author proves that the principle of freedom of contract is not confined within the scope of law of obligation. <...> Being a fundamental principle of civil legislation, it extends to its whole array, its manifestations being found in all branches of civil law. <...> One should not limit the principle of freedom of contract to the freedom of entering into a contract only because freedom of contract manifests itself at all stages of contractual relations until termination thereof. <...> That is why it is essential for its limits to be set under the law only providing private and public interests are balanced. <...> Keywords: civil law; principles; contract; freedom of contract; legal rules; restriction of principles; mixed contracts; non-defined contracts Introduction  The Civil Code of the Republic of Belarus (hereinafter referred to as the CC) first mentions the principle of freedom of contract among the fundamental principles of civil law1. <...> It is still rather common for this principle to be ignored when working out certain normative legal acts, which results in controversies between the requirements of the principle and the content of particular legal rules. <...> Such “flawed” regulations can be found in abundance not only in civil legislation, but also in the text of the CC itself. <...> N. L. Bondarenko The Main Part The primary purpose of a contract is to be an instrument of the most effective organization of public relations. “A contract is a binding agreement between two or more parties that usually results in some type of performance. <...> Contract can be viewed as a method in which <...>