Principiul libertăţii de voinţă

Prof. univ. dr. MONNA-LISA BELU MAGDO*

* e-mail: prof.univ.monnalisa.belu@gmail.com

Membru titular al Academiei de Ştiinţe Juridice din România

Avocat - Baroul Prahova

ABSTRACT

In the first part of the study, it was conceptualized the freedom of will, with reference to several doctrinal definitions regarding contractual freedom, but which are all located in the essence of the same coordinates. The legal will included in the concept of contract compliance with public order and good morals is not autonomous in relation to the law, which draws its limits, so that the obligational relations of the parties concerning the realization of their concordant interests are included in the requirement of an order and a balance at social level. The binding force of the contract, as the law of the parties, is transposed by its irrevocability towards the parties, as well as towards the judge, even if indirectly, in the interpretive process of the clauses of the contract, he...