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Contractual Freedom and State Interventionism

Student: Sokolov Denis

Supervisor: Vladimir A. Chetvernin

Faculty: Faculty of Law

Educational Programme: Legal History, Theory and Philosophy of Law (Master)

Year of Graduation: 2018

Freedom of contract-the principle of legal culture, which allow to the subject of the right to voluntarily enter into or refuse to enter into a contractual relationship, choose a counterparty to the contract, the terms of the contract, as well as the subject of the contract. Institutional theory of law developed by V. A. Chetvernin allows you to examine real social institutions and identify institutions of two types: legal and potestary. Legal culture is only possible in a capitalist society. The potestary culture characterized by the place of freedom of contract, as permitted or non-regulated space free of interactions, the contract is the implementation of the law governing it. The main purpose of the thesis is to determine the meaning and role of the principle of freedom of contract in the law and consideration of the admissibility of the legislative restriction of contractual freedom. The objectives of the thesis are determined by the purpose and involve the identification of the main types of social cultures, the interpretation of the basic principles depending on the type of culture, the differentiation of requirements for contracts and the definition of the value of restrictions on freedom of contract in the culture of a certain type. The level of development of the research topic is high, but differs mainly formalistic approach. The author's approach is characterized by the use of the achievements of the institutional theory of law.

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