Preferred Rights As The Restriction Factor Of Contractual Freedom


  • T.Ya. Skhab-Buchynska


freedom of contract, contractual restrictions of freedom, limit of the contractual freedom, preferential right.


During the research it was found that the preferential rights are inseparably linked with the establishment of certain limitations with respect to certain legal entities. However, a person who possesses such rights, can use it or not at its own discretion. Accordingly, in some cases, preferential rights will result the restriction of freedom of contract, and in other cases will not. Preferential right only makes impossible the conclusion of the contract between specific subjects of civil relations. Thus, the preferential rights act as limiters of contractual freedom.