Freedom to Choose Conditions in Certain Types of Contracts

Abstract

   The principle of freedom of contract can fully operate in relations between equal subjects. When determining the limits of freedom to choose the terms of contracts, including those concluded using digital platforms, both the current mandatory norms, their literal interpretation, and the interpretation of the terms of the contract based on the goals of legislative regulation of public relations and their substance are taken into account. Moreover, the trend of expanding the principle of freedom of contract is not unambiguous, since in the context of the digitalization of the economy, there is a certain degree of imbalance in the economic opportunities of various market participants. The economic opportunities of digital platform operators and their partners differ significantly, which affects the development of the provisions of current legislation and the defi nition of the limits of contractual freedom when concluding contracts using digital platforms. Digital platform operators can be considered as economically stronger entities than their partners, especially individual partners, which is inevitably refl ected in the trends in the development of legislation regulating the relations of the platform economy.