The Restriction Of The Principle Of Freedom In The Adhesion Contract


  • T.Ya. Skhab-Buchynska


freedom of contract, contractual restriction of freedom, accession agreement, the consumer, monopoly, antitrust laws, abuse of the law.


The article deals with the content of the principle of freedom of contract and its impact on the adhesion contracts, that is contracts, the terms of which are set by one of the parties in the secures or other standard forms which can be concluded only by joining the other party to the proposed treaty as a whole (ch. 1, Art 634 Civil Code of Ukraine). The restriction of the principle of freedom of the adhesion contract.

However, one of the parties takes clearly advantageous position in relation to its counterpart - the consumer. Today we can see that stronger party in the market is usually monopolist which in his turn limits on contractual freedom of the weaker side.

Therefore, to prohibit the abuse of rights and the regulation of relations between the parties in the submitted article we find out how counterparties are limited to contractual freedom concerning free expression to enter into contractual relations, a side-consumer is limited in determining and defining the conditions of a contract.

Also in the submitted article the author conducts a comparative analysis of the impact of the principle of contractual freedom on the adhesion contracts and public contracts and notes that unlike a public contract, the subjective composition of adhesion treaty is wider.

Indeed, in a public contract one party must be an entrepreneur who takes the responsibility to sell the goods, make works or provide services to anyone who contacts him and in the adhesion contract such counterparty can be any economic entity.