Müqavilə azadlığı və məhdudiyyətləri: müasir tendensiyalar

This article analyzes the legal essence and normative foundations of the principle of freedom of contract, one of the fundamental principles of civil law. The study also explores the relationship between freedom of contract and the principles of private property and autonomy of will, as well as its legal significance in depth. Particular attention is given to the restrictive conditions applied within the framework of freedom of contract and the grounds for their establishment. The role of contractual freedom in the context of a modern free-market economy is assessed from both legal-theoretical and practical perspectives. The analysis, based on doctrinal literature, national legislation, and judicial practice, allows for the formulation of scientific conclusions and the proposal of relevant recommendations for the further development and improvement of the legal mechanisms governing freedom of contract. The study also explores the adaptation process of the principle of freedom of contract to new legal frameworks in the era of emerging technologies. It provides a legal analysis of the impact of electronic contracts, smart contracts, and blockchain technologies on contractual relations. Within this context, contemporary issues related to freedom of contract are examined against the backdrop of artificial intelligence, information security, and ESG (Environmental, Social, and Governance) principles. Particular attention is given to the existing regulatory gaps in Azerbaijan in this field. As a result, the importance of legally recognizing digital contracts and aligning national legislation with international practice is emphasized. The principle of freedom of contract, therefore, must be reconciled not only with legal norms but also with ethical and social principles in order to meet the challenges of the modern era. Keywords: freedom of contract, civil law, economic relations, restrictions, smart contracts, digital agreements, autonomy of will.