Прекращение договора в контексте ограничений принципа договорной свободы в российском гражданском праве

Abstract

The article is devoted to the problem of the dependence of the termination of a civil law contract on the restrictions of the principle of freedom of contract, provided for in Russian civil law. The lack of legislative systematization of both the grounds for termination of the contract and restrictions on contractual freedom significantly complicates the corresponding legal analysis and mediates a number of practical difficulties that this study is intended to illustrate. According to the results of the work, based on the analysis of the specifics of limiting certain grounds for terminating a civil law contract in the aspect of contractual freedom, the author identifies the main problems and proposes initiatives to improve the current Russian civil legislation in this area.