INFLUENCE OF ESSENTIAL CONTRACT TERMS ON THE CONTENT OF THE PRINCIPLE OF FREEDOM OF CONTRACT

The aim. To establish the influence of essential terms of the contract on the content of the principle of freedom of contract. Results. One of the central principles of civil law is freedom of contract, but this principle must be correlated with regulatory requirements, which are reflected in the regulation of essential conditions. Freedom of contract must be associated with normative rules that limit it. The author emphasises that contractual legal relations are constantly updated, new constructions and hybrid contracts appear, and the legislation needs time to be updated. Still, this dynamic eclecticism of theory and practice is based on established structures in the form of legal principles and foundations. The study of the impact of essential conditions on the content of the principle of freedom of contract will allow for establishing their relationship and determining the mechanism and nature of regulatory requirements to determine the limits of contractual freedom of counterparties. The article states that the principle of freedom of contract is based on the ideas of natural law and is not known to be related to other rights, particularly the constitutional right to freedom of entrepreneurial activity. The research proves that the principle of freedom of contract allows the parties to create norms that will regulate legal relations between them independently; in fact, the parties to the agreement receive a limited function of rule-making because they develop mandatory rules of behaviour. However, such eligibility is not absolute. The paper states that the contract's essential terms embody the requirements of civil legislation to unify legal relations. It was concluded that the principle of freedom of contract is not absolute and gives counterparties completeness of actions only within the limits defined by law. But such conditions exist not to restrict the freedom of contract and freedom of will of the parties, but for the regulation of legal relations, with the aim of their equal understanding by all participants of legal concerns. From this arises the opposition to freedom of contract with unified conditions, which creates the need to solve the question of their relationship. Research methods. General scientific and unique scientific methods of cognition are applied: logical (deduction and induction, analysis and synthesis, abstraction and comparison); hermeneutic (regarding the understanding of scientific texts); formal and dogmatic.