TYPES OF RESTRICTIONS ON THE FREEDOM OF CONTRACT UNDER THE LAWS OF UKRAINE AND EUROPEAN COUNTRIES

Abstract

The concepts and types of restrictions on freedom of contract are analyzed. It has been established that the content of this principle is manifested, in particular, in the freedom of the individual to freely enter into contractual relations, independently choose a counterparty, independently determine the structure and type of contractual relationship. The article analyzes the need for legislative restriction of freedom of contract. The established limits of freedom of contract cannot exhaust the content of freedom, because for a private person the general permissive principle of legal regulation operates. It is noted that the restriction of freedom of contract is the boundaries established by the Civil Code of Ukraine or another act of civil law, reasonable, fair, proportional, determine the legality of actions in order to guarantee a balance of public interests and the interests of participants in binding relations. Ukraine’s accession to the European Community is possible, in particular, under the condition of reforming and harmonizing economic and private legal relations. The author explores the types of restrictions on the freedom of contract by imperative norms under the legislation of Ukraine and compares the legal regulation of restrictions on the freedom of contract and their types under the legislation of European states (France and Germany). Permissible restrictions in DCFR are analyzed. It is concluded that the allowable restrictions in the DCFR fully reflect the European approach to guaranteeing maximum freedom of contract, but at the same time contain the rationale for applying a number of restrictions in order to guarantee fairness, prevent certain forms of discrimination or abuse of dominant position, and ensure the protection of the rights and interests of the weaker party. contracts. (including consumers), balancing public and private interests and laying the foundation for economic development. Based on the analysis of the conceptual works, the provisions of the legislation, restrictions on the freedom of contract are divided into the following types: general restrictions (established by the general principles of civil law) and special restrictions on contractual freedom (legal requirements in the field of certain types of contracts in which an individual is a party). There is a need for legislative approaches to the definition and classification of restrictions on freedom of contract under the civil legislation of Ukraine.