Principle of freedom of contract and its limitations: dichotomy of concepts

The article analyzes the legal nature of the concepts «principle of freedom of contract» and «restriction of freedom of contract». An analysis of doctrinal studies in the field of contract law was carried out, which determined the basis of the legal understanding of the principle of freedom of contract. A historical excursion regarding the scientific discussions that preceded the inclusion of this principle in the Civil Code of Ukraine is highlighted. It is emphasized that Clause 3 of Article 6 of the Civil Code of Ukraine expands the understanding of freedom of contract, allowing the parties to deviate from the norms of civil legal acts and independently regulate their relations. Additionally, Article 627 concretizes this freedom, stating that the parties are free to choose counterparties, set terms, and enter into a contract. It is additionally substantiated that the freedom to enter into contracts allows the creation of deeds that may not comply with the current norms of the Civil Code of Ukraine. The relationship between the concepts of «freedom of contract» and «principle of freedom of contract» is analyzed. A study of various approaches to justifying the limits of the restriction of freedom of contract was carried out. It has been proven that the freedom of contract is not limited to the pre- contractual stage and the period of performance, but also manifests itself after the performance of the contract, for example, if a party improperly performed the contract or did not perform it on time, then the other counterparty has the right to choose different options for presenting demands and even bringing the contractual responsibility Approaches in judicial practice to understanding the concepts of «freedom of contract» and «restriction of freedom of contract» are analyzed. The positions of the Constitutional Court of Ukraine regarding the understanding of the concepts of «borders» and «restrictions» are highlighted. Various approaches to understanding the limitation of freedom of contract in scientific works have been studied. It has been proven that freedom of contract is the principle and essence of contractual relations, which allows the participants of such relations to freely determine the type and content of the contract, all its essential and optional conditions. Restrictions on freedom of contract are those limits of contractual freedom that are justified, fair, proportionate, determined by law, have a clear legal purpose and their implementation is due to social necessity (for family relations - guaranteeing the balance of private and public interests for the protection of the family and the protection of the weaker participant such relations).