FREEDOM OF CONTRACT IN THE CONTEXT OF CONTRACTUAL REGULATION OF THE RIGHT TO UNILATERAL TERMINATION OF AN OBLIGATION

This article examines the implementation of the fundamental principle of civil law – the principle of freedom of contract – in the context of unilateral refusal to fulfill obligations. The theoretical prerequisites for the possibility and necessity of implementing freedom of contract when negotiating the terms of unilateral refusal are examined, including using the provisions of the economic analysis of law and the theory of effective breach. The problems of practical law enforcement and contradictions in regulatory frameworks are analyzed, as well as ways to overcome them through specific amendments to current legislation, as well as the use of concepts of balancing the interests of the parties and unfair contractual terms, well-known in domestic law.