ISSUES OF IMPLEMENTATION OF THE PRINCIPLE OF FREEDOM OF AGREEMENT
Abstract
Civil law of the Republic of Kazakhstan is based on fundamental principles, among which freedom of contract occupies a special place. The principle of freedom of contract is the opportunity established by civil law for participants in legal relations to determine, at their discretion and in their interests, the conditions for concluding a civil law contract. The article explores the features of legal regulation of the principle of freedom of contract. This principle is considered as the most important beginning of the regulation of private law relations, predetermining the legal basis of a market economy. The current Kazakhstan legislation establishes guarantees of the principle of freedom of contract at all stages of the fulfillment of contractual obligations, and also sets the limits for the restriction of this principle.
This article provides a brief analysis of the current problematic issues of the principle of freedom of contract. The authors identified gaps and contradictions in civil law, formulated a number of theoretical conclusions and practical proposals aimed at resolving problems, proposed options and possible ways to consolidate norms in the legislation of the Republic of Kazakhstan.
About the Authors
P. Suzdaltseva
NKSU named after M. Kozybayev
Kazakhstan
Kazakhstan
Petropavlovsk
D. Abdreisova
NKSU named after M. Kozybayev
Kazakhstan
Kazakhstan
Petropavlovsk
A. Bekmatova
NKSU named after M. Kozybayev
Kazakhstan
Kazakhstan
Petropavlovsk
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Review
For citations:
Suzdaltseva P., Abdreisova D., Bekmatova A. ISSUES OF IMPLEMENTATION OF THE PRINCIPLE OF FREEDOM OF AGREEMENT. Vestnik of M. Kozybayev North Kazakhstan University. 2019;(4 (45)):88-93.
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