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March 26, 20261 citations

Limits of Freedom of Contract and the Role of the Public Contract in the System of Civil Legislation

SKSergey Nikolaevich Khrameshin

Key Points

  • Explore the limits of freedom of contract in civil law and the public contract's role in protecting public interests.
  • Legal analysis of contract law principles
  • Examination of public and private interests
  • Review of contractual regulation frameworks
  • Identified restrictions on party autonomy to promote equality and non-discrimination
  • Clarified the public contract's role in market confidence
  • Outlined how public contracts ensure uniform access to goods and services

Abstract

The article examines the limits of freedom of contract as a fundamental principle of civil law and addresses the role of the public contract as a legal mechanism designed to protect socially significant interests in the sphere of mass contractual relations. It analyses the relationship between private and public interests within contractual regulation and clarifies the legal nature of permissible restrictions on party autonomy aimed at ensuring equality, non-discrimination, and legal certainty in civil turnover. Particular attention is paid to the functional purpose of the public contract within the system of civil legislation as an instrument for sustaining confidence in the market and guaranteeing uniform conditions of access to goods and services for an indeterminate circle of persons.

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Cite This Study

Sergey Nikolaevich Khrameshin (2020) studied this question.

synapsesocial.com/papers/69c4cc02fdc3bde448917540https://doi.org/10.64457/ru-science-2020-i01-a01
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