Evolution of the Principle of Freedom of Contract as a Fundamental Principle of Civil Law

The article is devoted to a comprehensive study of the evolution of the principle of freedom of contract as a fundamental element of civil law. The scientific novelty of the work consists in a holistic historical and legal analysis of the formation of this principle in various legal systems, including Romano-Germanic and Anglo-Saxon. Modern challenges to the principle of freedom of contract associated with the digitalization of the economy and the emergence of new forms of contractual relations, such as smart contracts, are considered.

Background. The relevance of the study stems from the need for a comprehensive analysis of the evolution of the principle of freedom of contract in the context of changing economic and legal systems. The existing developments are mainly limited to the study of this principle within the framework of individual legal systems, which determines the need for a comprehensive historical and legal study.

Objective. Comprehensive analysis of the formation and development of the principle of freedom of contract in Russia and the world, revealing the peculiarities of its transformation from ancient civilizations to the modern digital era.

Methodology. Historical-legal and comparative-legal methods of scientific research were used. An interdisciplinary approach with the involvement of economic doctrines and the analysis of legal norms of different legal systems was applied.

Results. The author's periodization of the evolution of the principle of freedom of contract was developed, the key stages of its development were revealed. It is established that the principle of freedom of contract is transformed from absolute freedom to a more balanced approach taking into account social and economic interests. The peculiarities of the realization of the principle of freedom of contract in different legal systems, including in the context of modern digital transformations, are revealed. The results of the study demonstrate the dialectical nature of the principle of freedom of contract, which is constantly transforming, maintaining a balance between individual autonomy and social interests.

Scope of application of the results. The results of the study can be used in scientific activity in the study of civil law, in lawmaking work to improve contractual legislation, in the educational process in the training of specialists in law and economics.