Сделки с "пороком воли" как разновидность понуждения к заключению договора

According to the results of the study, the author determined that the principle of freedom of contract is fundamental in civil law. However, it does not have an absolute value. In order to achieve harmony in society, as well as to avoid abuse of one of the parties, it is necessary to limit this principle. At the same time, in practice, there are cases when participants in civil legal relations do not act freely when concluding transactions, but take into account various circumstances that affect their behavior and contradict their true will - "vice of will". There are the following types of transactions with a "vice of will": - without the presence of an internal will to make a transaction; - a transaction in which the internal will is formed incorrectly. Each of these types of transactions is given by the author on specific examples with references to the current legislation and judicial practice. After analyzing the transactions with the "vice of will", it can be concluded that it is difficult for the courts to recognize the "depravity", since it is necessary to investigate many subjective factors, to find out the true will of the parties, to prove the abuse of one of the parties. All these factors are often not on the surface, but require detailed and in-depth research.