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- Title
AUTONOMY OF THE WILL OF CONTRACTING PARTIES AND ITS LIMITS- FROM FEUDALISM TO CONTEPORARITY.
- Authors
ALIMI - MEMEDI, Shpresa
- Abstract
In the writings of Engels the mode of production of material life is the main factor from which depends the development of society and social order. With the development and changing of the relations of production develops and changes the legal superstructure and depending on this arise and change certain legal institutions and certain legal principles. On such base we?ll treat the development of autonomy of the will of contracting parties and its limits, highlighting in its evolution characteristics conditioned by the specifics of the feudal, capitalist and socialist formation and within the framework of European Union law. From our paper dedicated to development and limits of this principle, we will conclude that the autonomy of the will of contracting parties has existed in all socioeconomic formations, but always understood as a relative within frames determined by law, as an expression of objective reality and first of all socioeconomic conditions, all these in order to protect the general social interest. In contract law it exists, but not in the sense of any unlimited autonomy, but in the sense of a principle that is subject to numerous restrictions. Regarding to these limits Professor Gale Galev will emphasize: "The higher the degree of development of economic relations, the higher will be the degree of presence of autonomy of the will of contracting parties in formal-legal aspect and in practice, and vice versa". The formalism of the early Roman law and "boni mores" as the boundary of contractual autonomy replaced by formalism in medieval and canon law and later placed in the framework of teaching of autonomy of the will, but also in this case limited with public order and good customs.
- Publication
Vizione, 2015, Vol 23, p195
- ISSN
1409-8962
- Publication type
Article