НЕКОТОРЫЕ ВОПРОСЫ ПОНЯТИЯ ЗЛОУПОТРЕБЛЕНИЯПРИНЦИПОМ СВОБОДЫ ДОГОВОРАВ РОССИЙСКОМ ГРАЖДАНСКОМ ПРАВЕ

Abstract

This article is devoted to the problem of abuse of the principle of freedom of contract in civil law. The author analyzes the essence and content of this principle, its place and significance in the Russian legal system, and examines the main forms of this manifestation. Attention is paid to the definition and classification of abuses by subjects of civil turnover of the freedom to conclude and execute contracts, as well as methods and means of their prevention and settlement. The analysis of judicial practice and theoretical approaches is carried out. The author concludes that in order to ensure justice and equality of the parties, it is necessary to improve legislation and judicial practice in the field of countering abuse of the principle of freedom of contract.