FREEDOM OF CONTRACT AND ITS LIMITATIONS IN THE ROMANIAN CIVIL CODE

Abstract

This study aims to present the vision of the Romanian Civil Code about the freedom of contracting. The Romanian legislator has restated in terminis that the principle of contractual freedom is a fundament of the conventions but has also established its restraints: the law, the public order and the moral values. In order to attain the stated goal of this research, the effort was directed toward: presenting the freedom to contract as a principle of the private law, evoking the autonomy of the will theory as a fundament for the freedom to contract and toward systemically enunciating the competing theories and the decline of the actual autonomy of the will theory. The effort was also directed toward presenting the restraints of the freedom to contract, as they are stated in the Civic Code and the different categories of contracts which are the consequence of those restraints.

Keywords

• the freedom to contract
• legal restraints
• moral values
• good faith
• adhesion contracts
• law enforced contracts