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§ 1. A principle of freedom of the contract

Traditionally freedom of the contract is considered as a branch principle of civil law. Formally similar approach is based on item 1 of item 1 GK the Russian Federation, naming freedom of the contract among fundamental principles of the civil legislation.

However in the literature the attention to limitation of branch essence of a considered principle was paid. So, E.G.Komissarova notices, that «proceeding from edition of item 1 GK the Russian Federation, freedom in civil law is shown to conventional law sphere... In all other spheres of the civil-law regulation which have been not connected with contractual relations, there is enough action obshchepravovogo freedom principle» [85]. O.A.Kuznetsova fairly approves, that contract freedom admits a branch principle as an exception to the rules and with serious reservations whereas the specified phenomenon is deduced from other principle - optionalities [86 [87].

It is remarkable, that in the separate countries contract freedom is erected in a rank of the constitutional principle. So, in German legal science contract freedom is perceived now as the most considerable display of a private autonomy and a personal liberty guarantee. Proceeding from practice of the Constitutional court of Germany, a number of foreign authors recognise contract freedom as the constitutional principle. The domestic legal doctrine, by and large, does not confute the similar approach. In particular, in one of the Decisions the Constitutional Court of the Russian Federation has specified: «from sense of the specified constitutional norms about freedom in economic sphere (item 8 item, 34, 35 Constitutions of the Russian Federation - A.V.) the constitutional recognition of freedom of the contract as one of freedom of the person guaranteed by the state and the citizen» [88 [89] [90] follows.

Speaking about essence of freedom of the contract, we will note the original idea stated by R.A.Telgarinym. The author suggests to differentiate concepts «contract freedom» and «making contract freedom». The first is the fundamental principle of the civil legislation, the second - a principle dogol

vornogo the rights. It is underlined, that contract freedom is necessary that participants of a turn could enter into agreements in various spheres of an economic life. An essence of a principle of freedom of making contract: granting of possibility to subjects to enter treaty obligations exclusively on the усмотрению3. As we see, it is difficult to spend accurate differentiation of the specified concepts. It is represented, that it has no big theoretical and practical sense and that the given categories should be considered as synonymous.

As a whole, as writes O.A.Kuznetsova, practically all scientists considering principles of civil law, allocate among them contract freedom. On other beginnings it is not observed similar unanimity [91]. At the same time, agreeing, that the principle of freedom of the contract follows from the constitutional norms and that owing to the importance for an economic turn it is fairly erected in a rank of fundamental principles of the civil legislation, it is necessary to note the following. Division of principles on branch and podotraslevye is caused not by importance of those or other beginnings, and on what regulation of relations they are directed and in what norms reveal.

The principle of freedom of the contract finds the reflexion exclusively in a liability law, is immanent to it, is supervising beginning at regulation not all civil-law relations, and only obligations. Their discriminating lines as was specified, are: a relativity, dynamism, imperativeness of the maintenance, purposefulness, konkretizirovannost. The principle of freedom of the contract is reflected only in those norms which regulates the relations answering to established characteristics. For example, it is impossible to present realisation of the considered beginning in absolute relations. So, it is difficult to recognise contract freedom as a real right principle. Its any application to relations concerning possession, using, orders property deduces them from the category real in the category obligations (making contract of purchase and sale, rent, negotiations about property right transition, the preliminary contract, etc.).

Besides a relativity and other signs of the obligations relation find the reflexion basically contract freedom. It is obvious, that the specified beginning is directed on development of dynamism of legal relations since by means of the contract the constant reference of material benefits is provided. To difficultly itself to present, as contract freedom will be realised with reference to the relations conditionally named the static. Any application of the given principle (we will tell, negotiations about possible transition of the property right) will deduce relations from group of the static dynamical in group.

The obligation is always expressed in fulfilment of strictly certain action or abstention from certain action (it is concretised - nost obligation maintenances). The specified sign is inherent and to an analyzed principle. There is no freedom to conclude the contract "in general". GK the Russian Federation establishes making contract freedom as provided, and not statutory, with the certain counterpart (and with another to refuse if other is not forbidden by the law) to choose treaty provisions. That is freedom of the conclusion of the concrete contract with the concrete counterpart, and also freedom of choice of concrete conditions of the agreement is meant.

It is necessary to notice, that some norms of section of II part 1 GK the Russian Federation (the property right and other real rights) contain sendings to the contract (item 210 item, 211, 218, 220 and many other things). It is obvious, that in the given cases contract freedom should be applied as the supervising beginning. Nevertheless, told says not that the considered principle finds the reflexion in real right, and only illustrates that fact, that for disclosing of sense of some norms of a liability law it is necessary to address to section of II part 1 GK the Russian Federation that is quite proved in a context of existence of intrabranch communications of civil law [92].

At first sight the contradiction with the told is entered by idea of "the real contract» which as that does not create obligations of the parties, and «the fact of the creation generate at the counterpart real right» [93 [94]. An example of the real contract the gift contract constructed under the scheme of the real contract is underlined, «thing transfer means also the conclusion and simultaneously transaction fulfilment and consequently no duties for the donator can arise, and the donee also is not a party liable in a kind one-hundred -

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ronnego gift contracts ».

Existence of the specified category is represented disputable. Remains not absolutely clear, on what basis authors exclude the gift contract under the scheme of the real contract from usual, obligations contracts. To the given agreements in any case norms of chapter 32 GK the Russian Federation, in particular, about the right of the donator to cancel donation, including the donation will be applied. Moreover, from the point of view of the theory of civil law the term «the real contract» is a combination of incompatible concepts, at least because real right and the conventional law - different structural divisions of system of civil law.

According to V.P.Mozolina, the Soviet right does not know real contracts, but «the separate parties of real relations in connection with transition of the property right from one person to another are regulated by rules of law within the limits of obligations contracts» [95]. We believe, that the similar situation is characteristic and for modern civil law. «The real contract» is a vivid example of internal communications of civil law, interaction real and a liability law to which permission it is necessary to apply principles both podotraslej.

Proceeding from stated, considering the characteristic of relations on which regulation contract freedom is directed, and norms in which it finds the reflexion, it is necessary to recognise the considered phenomenon as a liability law principle.

Standard acknowledgement of last thesis is that fact, that elements of freedom of the contract reveal in section of III part 1 GK the Russian Federation, devoted to obligations, in particular, in item 421. According to specified article the principle of freedom of the contract means: making contract freedom; possibility to conclude the contract as provided, and not statutory or other regulatory legal acts; freedom of the parties independently to choose treaty provisions. According to separate scientists, the principle of freedom of the contract includes only three listed elements [96]. In particular, A.N.Tanaga approves, that all other displays of an analyzed principle are minor and follow from three cores or enter into the maintenance of the last [97 [98] [99]. It is indicative, that through three basic elements the author makes definition of a principle of freedom of the contract which he understands, how «fundamental principle of civil law establishing for subjects of contractual relations freedom of making contract directly fixed in the law, freedom of choice of a kind concluded

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The contract and freedom of definition of its conditions ».

It was fairly specified in limitation of the similar approach in the literature. In particular, O.A.Kuznetsova, considering legal imperatives of norm-principle of freedom of the contract, allocates, besides already listed, possibility of the subject to be guided by any motives and tse -

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ljami at decision-making on the introduction or nevstuplenii in the contract. V.V. Kulakov notices, that contract freedom is shown in possibility of complication of elements of the obligation [100]. Separate authors as an element of freedom of the contract name the right of the parties to terminate or change agreement [101]. However, according to O.A.Kuznetsovoj, «the principle of freedom of the contract operates only at a making contract stage», and «the principle according to which civil obligations should be executed» [102] further is realised. Nevertheless, we believe, that essence of the named principles the different. Freedom of the discretion of the parties at the decision them of a question on cancellation or agreement change cannot be replaced by a principle of necessity of execution of civil obligations.

It is necessary to notice also, that the essence of any principle consists that it is the basic beginning of regulation of relations and, hence, operates at all stages of development of the given relations. An another matter, that realisation of a principle of freedom of the contract is various at stages of making agreement and its change/cancellation. In this plan it is remarkable, that O.A.Kuznetsova discriminates absolute and relative liberties of contract. The first are realised by the subject of law without the counterpart, the second - only together with it [103 [104]. Thus, at a stage of change or contract cancellation the relative liberties of contract which essence consists that in absence of will of the counterpart it is impossible to terminate or change the agreement operate.

The told proves to be true judiciary practice. So, the real estate rent contract has been terminated the external managing director with the reference

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On norm of item 77 of the Federal act «About an inconsistency (bankruptcy)». Meanwhile, according to the Constitutional Court of the Russian Federation, freedom grazhdansko - legal contracts in its konstitutsionno-legal sense assumes observance of principles of equality and the coordination of will of the parties and it concerns also an order of cancellation of contracts. Challenged norm, by an estimation

The constitutional Court, represents restriction of freedom of the contract as one of general principles of the civil legislation [105 [106] [107].

In one of the decisions the arbitration court has specified, that «inclusion in the contract of a condition on the termination of the rights and duties of the parties in case of default by the counterpart of the requirements which have passed to the creditor on the basis of the contract of a concession, corresponds to a principle of freedom of the contract, allowing its parties the agreement to change or terminate the contract

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(It is allocated by us - A.V.) ». According to the Oryol provincial court, the legislator, having established contract freedom, provides change and contract cancellation under the agreement of parties, leaving terms of fulfilment of actions

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Exclusively to the discretion of the parties.

In Anglo-American civil law at definition of essence of freedom of the contract the emphasis that the parties possess the equal rights to making contract [108] is placed. The analyzed principle is shown in following forms: making contract freedom; freedom from the contract; the right of a free choice of the counterpart; the right of a free choice of object (subject) and the contract purpose; the option of the form of the contract and a way of its conclusion; the option of a way of maintenance of execution of a contract; the option of treaty provisions and term of its action and in many other things [109].

Specified above and other forms of freedom of the contract specified above are presented K.Osakve [110]. It offers the approach which consists in creation of the exhaustive list of positions in which the reflexion finds a considered principle. We, on the contrary, are represented impossible to offer the closed list of the norms reflecting an essence of liberty of contract. Moreover, it would contradict sense of freedom of the contract as its basic essence, the main mission - to give as much as possible freedom to counterparts.

Coming back to the Russian right, it is necessary to remember, that contract freedom reveals in many positions GK the Russian Federation, for example, in norm of item 424 GK the Russian Federation according to which execution of a contract is carried out under the price established by the agreement of the parties. Also participants of a turn can establish any means of maintenance (item 329 GK the Russian Federation) to establish the written form of the contract instead of oral (item 434 GK the Russian Federation). The law knows also other displays of an analyzed principle. Existence of freedom of the contract means the open list of its possible displays. The exhaustive list of elements of freedom of the contract should be considered as restriction of last. Thereupon the definition of freedom of contractual regulation which is understood as possibility of subjects by means of contracts concluded by them sees successful to carry out civil-law regulation of the relations in any limits (it is allocated by us - A.V.), not contradicting the legislation [111].

Judiciary practice deduces from a principle of freedom of the contract the most various elements, for example, a free choice of the counterpart under the contract [112 [113] [114], the right of the parties to choose a measure of the liability for nonperformance or nenadle -

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zhashchee agreement execution, the right of independent definition of the price, inadmissibility of compulsion to making contract [115], a choice the parties of a way of execution of obligations [116] and many other things. The wide approach applied by vessels to understanding of freedom of the contract, certainly, correct and proved.

Proceeding from told, it is obviously necessary to recognise both with scientific, and with practical the points of view, that displays of freedom of the contract cannot be limited to the closed list. The analyzed principle is included: making contract freedom; possibility to conclude the contract as provided, and not statutory or other regulatory legal acts; freedom of the parties independently to choose treaty provisions; possibility to the agreement parties freely to make the decision on cancellation or contract change; possibility of the subject to be guided by any motives and the purposes at decision-making on the introduction or nevstuplenii in the contract, the consent or disagreement has terminated -

nut or to change the agreement; other competences of subjects of the civil circulation, which list is not settling.

In one of works the principle of freedom of the contract is understood as «the possibility of subjects of civil matters established by civil law at own discretion and in the interest to realise the competences which have been put in pawn in principles and norms of civil law, and also to provide in the right and duty contract, at least not statutory, but not contradicting civil law» [117]. In other research freedom of the conclusion of contracts is considered as fixed in the law and other norms freedom of the person to possess independent will on the introduction into contractual relations as the full party [118].

The given definitions reflect essence of freedom of the contract, but do not place emphasis that the analyzed phenomenon - the basic beginning, a liability law principle. The resulted definitions in bolshej approach degree for a category «the right to contract freedom». On the other hand, the similar approach has the right to existence since with its help probably to open an essence of freedom of the contract from the point of view of the right.

It is necessary to remember, that no freedom can be considered, how permissiveness. With reference to a principle of freedom of the contract it means, that it should have limits and restrictions of the action. Still by I.A.Pokrovsk it is noticed, that restrictions of freedom of the contract are inevitable, but «the question consists only in how they can far go and in what

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Terms they can be expressed ». The remark is fair, that« absolute domination of freedom in contractual relations would lead only to an antipode of freedom of development of market relations: stronger would subordinate to the will will of those participants of contracts who is weaker »[119 [120].

It is indicative, that the majority of researches of an analyzed principle to some extent open a problem of restrictions of the contractual

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Freedom. In particular, affirms, that restriction of freedom of the contract is directed on achievement of one of three purposes: weakness protection in the obligation, protection of interests of the creditor, protection of interests of the state and

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Societies.

On sense of item 1 GK the Russian Federation contract freedom can be limited only on the basis of the federal act and only in that measure in what it is necessary with a view of protection of bases of the constitutional system, morals, health, the rights and legitimate interests of other persons, maintenance of defence of the country and safety of the state. Besides it abusing the rights following from a principle of freedom of the contract (item 10 GK the Russian Federation) is not supposed.

It is interesting, that according to item 1 of item 422 GK the Russian Federation the contract should correspond to obligatory rules for the parties, statutory and other legal acts operating at the moment of its conclusion. However, limits and restrictions of freedom of the contract can be entered exclusively the federal act (as the variant, in a statutory order), that directly follows from item 1 GK the Russian Federation. Thus, position of item 1 of item 422 GK the Russian Federation, establishing necessity of conformity of the contract to other legal acts, not to the full obosnovanno. It is remarkable, that speaking about the certificate retroactive effect (item 2 of item 422 GK the Russian Federation), the Code establishes rules with reference to the law, but not to the legal act. That is, some contradiction of item 1 and item 2 of item 422 GK the Russian Federation is traced.

In the current legislation it is a lot of examples of restriction of freedom of the contract. So, restrictions oborotosposobnosti some objects of the civil rights are entered. For example, alienation of objects of the centralised systems of cold water supply and (or) the water removals, not centralised systems of cold water supply which are in the state or municipal property, in a private property is established, that, and is equal also transfer of the specified objects and rights of use of them in pledge, entering of the specified objects and rights of use of them in ustavnyj the capital of subjects of economic activities are not supposed [121 [122].

The law knows cases of restriction of a turn of actions of some societies. In particular, according to the law all actions of Open Society «Russian railways» are in the property of the Russian Federation. Alienation of similar securities a wasp -

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shchestvljaetsja it is exclusive on the basis of the federal act. There are cases of legislative restriction of freedom of the contract regarding independent definition of the price. For example, with reference to the power supply contract Bases of pricing in the field of controlled prices operate

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(Tariffs) in electric power industry.

Existence of restrictions of freedom of the contract is the conventional world practice answering to modern lines of development of the right and necessary for maintenance of the rights of citizens, defence and safety of the state, protection of a competition [123 [124] [125]. So, limit contract freedom separate positions of Principles unidrua. In the Anglo-American right seven groups of so-called supervising doctrines are allocated: doctrines, ka -

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sajushchiesja wills; concerning forms of the contract and others.

Very often limits of freedom of the contract are based on customs specific to the concrete country, traditions, etc. So, item 188 of the Civil code of the Yemen Republic has established, that the agreement is not valid, if it breaks religious morals and a public order which are inseparable in Islamic Sheriyat. In the given country real action of an analyzed principle is complicated special «by value in obligations relations of conventional rules, Sheriyat and judicial prak - tics» [126]. For example, inclusion in the agreement of the parties of conditions on reception of usurious profit is not supposed.

Restrictions of a principle of freedom of the contract, as is known, are concluded in mandatory provisions, i.e. rules of behaviour which do not come under to change by the parties. As wrote R.O.Halfina, «it is impossible to find any kind of contractual relations which would be regulated only by provisional rules» [127]. There can be a false error, that the given position is actual only for the Soviet right and is alien to modern economy. However it not so. Mandatory provisions establish fundamental principles of the civil legislation, a rule about inadmissibility of misuse of right and other positions which regulate the relations arising from any contract (including not named) and cannot be changed its parties.

M.I.Braginsky specified, that in parts of the first, the second GK the Russian Federation as a part of the norms regulating separate kinds of contracts, about 1600 imperative and only 200 provisional rules [128 [129] [130] [131]. On the other hand, according to O.N.Sadikova, «display of freedom of the contract is presence in GK

The big number of provisional rules, from which parties on mutual a dale

govorennosti have the right to recede ». According to the author,« would be obvious simplification to define optionality or imperativeness grazhdansko - the rule of law only on presence or absence in it verbal the form -

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lirovki about that other can be provided the contract of the parties ». The jurist believes, that character of the rule of law should be defined by

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Its interpretation.

The important questions, concerning freedom of the contract reveal in the Decision of Plenum of the Supreme Arbitration Court of the Russian Federation «About freedom of the contract and its limits». It is established, that the norm is imperative if it contains obviously expressed interdiction for an establishment the agreement of the parties of the treaty provision which distinct from a rule are provided by this norm. At the same time from the purposes of legislative regulation can follow, that the interdiction containing in the mandatory provision for the agreement of the parties about other should be interpreted narrowly. The norm can be applied court as imperative if he establishes, that proceeding from the legal regulation purposes, containing in it the rule provides protection of interests protected by the law (in this case the court is obliged to motivate the conclusion about imperativeness of norm). If the norm does not contain obviously expressed interdiction for an establishment the agreement of the parties of the treaty provision which distinct from are provided in it, and there are no bases for its interpretation as imperative, it should be considered as optional.

Thus, for definition of character of norm it is necessary to address to its interpretation. The similar approach is represented in many respects proved. For finding-out, whether the concrete norm imperative or optional is, it is necessary to be guided not only its literal interpretation, but also sense of the legislation. Besides, sometimes norms GK the Russian Federation are formulated not absolutely correctly and demand changes.

So, according to item 1 of item 475 GK the Russian Federation if goods lacks have not been reserved by the seller, the buyer to whom the goods of inadequate quality are transferred, has the right to demand at the choice from the seller: proportional reduction of a purchase price; gratuitous elimination of lacks of the goods in reasonable term; compensation of the expenses on elimination of lacks of the goods. There is a question, whether can give the contract to the buyer the right to demand from the seller who has sold the goods of inadequate quality, to make other actions which have been not reserved by specified norm. Close interpretation of the resulted point directs at the negative answer to this question. At the same time judiciary practice fairly does not support a similar conclusion [132]. In this connection we offer to add item 1 of item 475 GK the Russian Federation with the paragraph the fifth the following maintenance: « The parties in the agreement can provide the right of the buyer to demand fulfilment from the seller who has transferred the goods of inadequate quality, the actions, not provided the present point ». The similar formulation in bolshej to degree answers a principle of freedom of the contract with reference to the contract of purchase.

It is necessary to recognise as one more aspect of freedom of the contract its opposition to is administrative-planned regulation. So, in the legislation of Ukraine contract freedom reveals through refusal of the state of compulsory declination to the conclusion of contracts on the basis of obligatory for the parties of according to plan-administrative certificates [133 [134] [135] [136]. In connection with the resulted thesis actual the problem of a parity of the contract with the is administrative-planned certificate which permission will help to open essence of a principle studied by us most full is represented.

During the Soviet period value of freedom of the contract was insignificant. As writes P.I.Stuchka, «some is supposed (it is allocated by us - A.V.) contract freedom». Under A.L.Makovsky's statement, «for the socialist countries

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The plan »was the main thing. Moreover, the planned character principle, an essence that activity of subjects was defined by the state certificates took place. Execution of obligations before each other was simultaneously performance of duties before the state. Obligation default could on -

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To attract not only civil-law, but also the criminal liability. Among characteristic lines of the contract concluded to execute a planned target, it is possible to allocate the following: it are obliged and had the right to conclude the organisations to which it was offered; there was a predefiniteness of the maintenance of the agreement of the parties which essential conditions or their part were defined by a planned target [137 [138].

As we see, signs of a principle of planned character are directly opposite to basic elements of freedom of the contract, such as: the right of the parties independently to make the decision on the introduction or nevstuplenii in contractual relations, independently to form conditions of the agreement and to choose type (kind) of the concluded contract. In this connection, making comments on item 421 GK the Russian Federation, N.I.Klein writes: contract freedom «is an antipode to the principles applied in the USSR to planned contracts, used in conditions pla -

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New (administrative) regulation of economy ». Hence, contract freedom can be considered as contrast of a principle of planned character, and the contract as an antipode administrativnoplanovogo the certificate.

At the same time for today in the legislation separate displays of a principle of planned character are traced: norms about obligatory making contract, compulsion of separate treaty provisions, an interdiction for inclusion in the agreement of the parties of some positions. Similar rules are actively applied, for example, in following spheres: public procurements, the defensive order, activity of subjects of natural monopolies, protection of the rights of consumers etc. Thus, the legislator has not to the full refused is administrative-planned regulation of contractual relations, that in the presence of objective causes is proved and it is necessary.

In end we will remind, that the contract as the agreement of two and more persons, is applied in various branches of law. For example, the contract rassmat -

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rivalsja with reference to the financial right. D.H.Valeev specified in features of its application in the law of procedure [139 [140] [141]. The thought that the right of the parties follows from a principle of optionality of the civil law of procedure «is indisputable also to conclude the agreement of lawsuit which after its acceptance by court leads to the civil procedure termination» 2. Such agreements «should not contradict the law and break the rights and interests of other persons (interests of the persons making optional actions,

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Thus are not considered) ». From told it is possible to draw a conclusion that separate displays of freedom of the contract take place in the civil law of procedure.

Besides it the contract between the worker and the employer - a basis of regulation of labour relations that leads to thought on existence of a principle of freedom of the contract in the law of master and servant [142]. However the essence, methods of regulation and other aspects of remedial, labour and other relations differ from the civil-law. Hence, contract freedom in obligations and, for example, in the law of master and servant are different principles which have different appointment. A problem of a considered principle in civil law - granting of equal possibilities to the agreement parties. The mission of the employment contract is, first of all, maintenance of the rights of the worker. Told the general rule of regulation of labour relations that the agreement of the employer and the worker position of the last can be improved only speaks also, but not to worsen (item 9 of the Labour code of the Russian Federation [143] [144]). The similar approach mismatches a method of regulation of obligations relations.

The told causes not only differences of civil-law agreements and contracts in other branches of law, but also their interaction and interosculation. So, judiciary practice fairly confirms, that the employment contract can be the basis of occurrence of the civil rights

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And duties. From the told follows, that between contract freedom in a liability law and the similar phenomena in other branches interdisciplinary communications which demand independent studying take place.

Summing up, it is necessary to tell, that in a science it was not generated uniform understanding of essence of a principle of freedom of the contract. The essence of the basic approaches on the specified problem consists in the following.

1) contract Freedom includes three or other quantity of the elements, which list is settling. The given approach can be characterised as the narrow.

2) the Principle of freedom of the contract is identified to the right of participants of a turn to contract freedom (that is on set of the competences including the right of the parties to conclude the contract as provided, and not statutory, independently to choose the treaty provision, etc.). Incompleteness of the resulted point of view consists that there is without attention an essence of freedom of the contract as a principle, the fundamental principle of regulation of obligations relations.

3) the Essence of a principle of freedom of the contract reveals with the account of its limits and restrictions. At all urgency the given approach to a lesser degree pays attention to set of competences which are provided with action of an analyzed principle.

4) contract Freedom is shown in the big number of the optional

Norms.

5) contract Freedom is contrasted with the planned character principle, which essence that questions of the introduction of subjects in contractual relations is defined by is administrative-planned certificates.

The fullest studying of freedom of the contract probably only at use of package approach which would include all aspects of an analyzed principle set forth above.

Having analysed the specified positions, having studied the legislation and judiciary practice, we have come to following conclusions: 1) the principle of freedom of the contract is an independent principle of a liability law; 2) the essence of freedom of the contract is expressed in granting to subjects of civil law of the competences connected, first of all, with making contract, and also with its change and cancellation; 3) action of a principle of freedom of the contract has limits and restrictions which can be established the federal act or in the order established by the federal act.

On the basis of stated, under a principle of freedom of the contract it is necessary to understand statutory fundamental position of a liability law which consists in granting to subjects of the civil circulation of freedom of the conclusion, a choice of treaty provisions, and also other competences concerning the conclusion, change and cancellation of the contract which can be limited only by the federal act or is perfectly in order, to it established.

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A source: Volos Alexey Aleksandrovich. LIABILITY LAW PRINCIPLES. The dissertation on competition of a scientific degree of the master of laws. Saratov -.
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More on topic § 1. A principle of freedom of the contract:

  1. §2.2. Restrictions of a principle of freedom of the contract and realisation of the right of the author on compensation
  2. § 1. A parity of contractual discipline and detour of the law within the limits of realisation of a principle of freedom of the contract
  3. § 2. A principle of conscientiousness and its parity with a principle of social function of the contract and a balance principle in treaty obligations in the conventional law of the countries of Latin America
  4. §2.2. Criminally-right protection freedom of worship and creeds and a principle of equality of the rights and freedom of the person and the citizen
  5. the Principle of social function of the contract
  6. maintenance of a principle of freedom of the will at its change and cancellation
  7. § 3. Legal maintenance of freedom of the will as main principle of hereditary customs
  8. §2.3. Criminally-right protection freedom of worship and creeds and a principle of good breeding of the state
  9. judicial protection of the constitutional principle of equality of the rights and freedom of the person and the citizen irrespective of a state of health
  10. §1.2. The maintenance of freedom of the discretion of the states as intrabranch principle of the right of the international protection of human rights