Transformation of the principle of freedom of contract in the process of historical development

Abstract

The article examines the formation of freedom of contract in the process of historical development of civil law regulation of social relations. The understanding of the essence of freedom and freedom of contract in Roman law, periods of medieval and bourgeois law, as well as in the modern period is analyzed. The purpose of restricting the freedom of contract has been studied.
 It has been established that in the 19th century freedom of contract became a universal principle of maintaining free competition, and in the 20th century there were processes of restricting contractual freedom, which was due to the following factors: increasing number of standard contracts, state intervention in contractual relations and consumer protection.
 It was found that despite the lack of legislative enshrinement of the principle of freedom of contract in the civil codes of the Soviet period, elements of dispositiveness and contractual freedom were present in civil law, which was completely natural due to the legal nature of the contract based on freedom and expression.
 It is substantiated that freedom of contract is both a principle and an element of the essential system of "human freedom". Freedom determines the state and capabilities of man in society, is also a fundamental value, the basis for determining the boundaries of legal regulation of civil relations. It is established that at the beginning of the XIX century freedom of contract became a legally defined universal principle of maintaining free competition and the basis of private law relations, and since the end of this century it is limited by law.
 Freedom of contract also allows concluding a contract that is not provided by the norms of the Central Committee of Ukraine. The position of scholars is supported that a contract that is not provided by law is a contract that is not defined by type or type. For such contracts, it is recommended to first apply the rules that define a similar type of contract (analogy of law), and in the absence - general civil law.