Asmens autonomijos sutarčių teisėje įgyvendinimo ribos ; Restrictions of the implementation of person's autonomy in contract law

Abstract

This master thesis analyses restrictions of the implementation of person's autonomy in contract law. This thesis studies the basis and tools of limitations of freedom of contract, as the essence of the implementation of person's autonomy in contract law. It analyses the restrictions of this principle in the doctrine of law, legislation, practice, as well, in non - mandatory documents, which are held to be very important to contract law. The hypothesis raised in this master thesis has been confirmed. The number of cases when the politics of solidarity is being implemented in contract law has been increasing. This is mostly typical to the areas, where the protection of rights and legitimate interests of weaker parties of contract is needed. However the freedom of contract is not losing its importance and still is the essential idea of contract law. It is recognized in the jurisprudence, the legislation, practice. Non - mandatory documents, significant to contract law, are also based on this principle. The possibility for person to function in market without any groundless and disproportionate limitations is an essential condition for efficiently operating economics. For this reason the implementation of person's autonomy in contract law has to be restricted only when these restrictions are necessary and only using tools, which are reasonable and proportionate. Formal and severe limitations should be exception to the general rule. The right and duty of a court to evaluate every case individually is significant for the implementation of freedom of contract. However restrictions of person's autonomy does not deny it, they guarantee it. Party autonomy is being transferred to another level of quality, where parties achieve the most beneficent version of their agreement. This agreement is a feature of efficient legal and economic system. Reasonable balance between rights and legitimate interests of different people, as well as the society, should be the aim of regulation of contract law.