On the Relationship between Freedom of Contract and the permissibility of Limitation of Contractual liability

The article examines the current problem of the relationship between freedom of contract and the admissibility of limiting contractual liability in modern law. The emphasis is on theoretical and practical aspects that determine the boundaries of the parties’ freedom in forming contractual terms. The authors analyze existing approaches to regulating contractual relations, highlighting key legal norms that limit or, conversely, expand the parties’ ability to freely establish the terms of their obligations. Examples from judicial practice are considered that illustrate how the principles of freedom of contract relate to the requirements of law and order and the need to protect the interests of the weaker party. In conclusion, conclusions are made about the need for a balanced approach to freedom of contract and modeling its structures in the context of modern civil turnover.