Müqavilə azadlığı: hüquq və azadlıq arasındakı inkişaf

The article provides a legal and philosophical analysis of the principle of freedom of contract, one of the fundamental principles of civil law. The authors examine freedom of contract not only as a principle but also as a theory. In previous articles on freedom of contract, the concept has been approached merely as a principle, neglecting its philosophical and historical perspectives. Originating from Roman contract law, the theory of freedom of contract holds both theoretical and practical significance. Various theories on freedom of contract have been highlighted in civil law literature, and the article places special emphasis on their theoretical-legal analyses. The civil law system of the Republic of Azerbaijan is increasingly aligning with contemporary demands. Therefore, the article offers a modern analysis of the principle of freedom of contract. The civil legislation of the Republic of Azerbaijan does not include any provisions under the heading "obligation to contract." However, the article discusses the mutual interaction and impacts of the obligation to contract and the principle of freedom of contract. Keywords: Roman contract law, principle of freedom of contract, formal-individual theory, material-teleological theory, obligation to contract.