Contractual freedom under the general economic system

Abstract

The principle of contractual freedom is a general principle upon which contracts are based. This principle flourished with the spread of the philosophy underlying individualism and the principle of the supremacy of will. Contractual freedom knows no limits except when it comes to public order, as a contract must not violate the rules related to public order, which is considered the first constraint on the principle of contractual freedom. Public order is considered one of the most flexible legal concepts, adapting to the development of societies and the increase in human activities. Traditional public order was known as a constraint on contractual freedom in limited matters under the guardian state. These rules evolved under the interventionist state into what is known as economic public order, through which the state seeks to impose a specific economic direction by intervening in contracts according to the rules of directive public order. On the other hand, the state seeks to protect vulnerable contracting parties through the protective aspect of economic public order rules. Undoubtedly, the expansion of the scope of public order in contractual relations has a significant impact on the principle of contractual freedom.