Contract law. Freedom of contract. Will and expression of will in a contract (the most important)

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Contract law. Freedom of contract. Will and expression of will in a contract (the most important)

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6. FREEDOM OF CONTRACT. WILL AND WILL IN THE AGREEMENT

Freedom of contract, together with the equality of participants in civil relations and a number of other principles, is (Article 1 of the Civil Code of the Russian Federation) among the main principles of civil legislation.

The essence of freedom of contract is manifested in the following:

a) recognition of citizens and legal entities free in the conclusion of the contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by law or a voluntarily assumed obligation;

b) providing the parties with the opportunity to conclude any contract, both provided and not provided for by law or other legal acts. Thus, the parties can, if necessary, independently create any models of contracts that do not contradict the current legislation;

c) the parties are free to independently determine the terms of the contract they conclude, including the one built according to the model specified in the legislation. A mandatory requirement in this case is that the terms of the contract must not contradict the law.

The freedom of contract is also characterized by the presence in the contract of the will and will of the parties. This sign distinguishes the contract from causing harm to another person, unjust enrichment, acts of state bodies and local governments.

The presence of will and expression of will in the contract is interconnected and interdependent. Will implies the presence of a certain intention to make a deal. The will is the expression of the will outside in one way or another (orally, in writing, by conclusive actions, etc.). The presence of one will does not give rise to any legally significant consequences. At the same time, an expression of will with a vice of will does not give rise to a legitimate transaction and entails its invalidity. Therefore, the will is the actual intention to perform certain legally significant actions. Both concepts are characteristic of individuals. However, legal entities also enter into contracts. Therefore, the formation of the will and its expression outside is carried out in the form of representation. Sole or collegiate bodies of a legal entity, as well as other authorized entities, conclude contracts on behalf of and on behalf of a legal entity. The will of a legal entity is formed depending on the goals and type of its activity, therefore it should not contradict them. A representative concludes contracts on behalf of a legal entity, guided, among other things, by a subjective opinion. Therefore, the conditions for the validity of transactions also apply to contracts where one of the parties is a legal entity.

Author: Rezepova V.E.

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