LIMITATION OF FREEDOM OF CONTRACT WITH SPECIAL REFERENCE TO FREEDOM OF CONTRACT OF BUSINESS ENTITIES

Abstract

Freedom of contract is a fundamental principle of obligation law, but in modern legal systems it functions as a relative and normatively oriented category. The paper examines the theoretical foundations of this institute, starting from the liberal conceptual core of the autonomy of the will and its historical development, to the modern, functional concept that views contractual freedom in the broader framework of public law restrictions, market discipline and protection of the weaker party. The analysis includes domestic and comparative law, including standards of European contract law and modern economic indicators (EFW index), in order to indicate the connection between economic and contractual freedom. Special attention is paid to the position of business entities, where contracting has a specific dimension due to their professional status, the complexity of market transactions and pronounced information asymmetry. Through the analysis of imperative norms, standard and adhesion contracts, regulated markets and unequal bargaining power, the key practical and systemic limits of business autonomy are pointed out. The results of the work show that these restrictions do not represent a negation of the freedom of contract, but a mechanism for its functional realization - through the provision of legal certainty, fair market conditions, protection of competition and stability of the economic order. The paper contributes to a better understanding of the modern conception of contractual autonomy in the economy, indicating that the balance between freedom of disposition and public law regulation is the key assumption of an efficient, fair and sustainable contractual system.