The implementation problems of the freedom-of-contract doctrine in customs relations

Case law often serves as an indicator of the implementation problems of the freedom-of-contract doctrine in various branches of law. An attempt is made to identify and study several challenges of implementing the fundamental principles of contract law, particularly the freedom-of-contract doctrine. The research highlights the impact of public law on the principles of contract law. The author tries to find a line between freedom of contract in private law and mandatory requirements in public law by a case study of customs legislation. The paper demonstrates that the freedom of contract reflected by the parties to the relationship in the actual terms of the agreement can be differently determined by the rules of public law. Thus, the actual implementation of the freedom-of-contract doctrine may have a different legal effect. Accordingly, a transaction can give rise to various legal implications with respect to the same circumstance from the viewpoint of private and public law.