the substantive of contractual will A Comparative analytical study

Section: RESEARCH
Published
Aug 4, 2025
Pages
55-109

Abstract

The contract basis is the freedom of the will of the contractors, and the contract is an agreement between the contractors, as they have the right to argue and debate in agreement. Once agreed, the contract becomes an argument on both parties. The freedom of contract is to dictate to the parties the law of the contract. However, there may be impediments to contractual freedom that may be attributed to the public interest and public order, as determined by the legislator of jus cogens.

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