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List of publications on a keyword: «freedom of contract»

  • THE EVOLUTION OF THE CONTRACTUAL SYSTEM IN INTELLECTUAL PROPERTY LAW: FROM STANDARDIZED CONSTRUCTIONS TO THE PRINCIPLE OF FREEDOM OF CONTRACT

    Conference Paper
    Law, Economics and Management
    Authors:
    Галочкина Элеонора Андреевна, Marina A. Fastova
    Work direction:
    Актуальные вопросы юриспруденции
    Abstract:
    This article presents a comprehensive study of the evolution of contractual mechanisms in intellectual property law, focusing on the historical context of the formation and development of contractual regulation in this sphere, as well as on contemporary trends and legislative changes. The article examines the historical transition from standardized contractual constructions to the fundamental principle of freedom of contract. This principle, as a fundamental category of civil law, has been subjected to thorough study and rethinking across various historical epochs, which has determined its dynamic development and adaptation to changing socio-economic conditions. A special place in the study is occupied by the analysis of the Soviet period, characterized by a significant restriction on the application of the principle of freedom of contract due to the dominance of the planned administrative economy. During this period, the principle was effectively ousted from the legal system, resultin
    Keywords:
    intellectual property, copyright, freedom of contract, intellectual property law, principle of freedom of contract, license agreement, publishing contract

  • The limits of contractual freedom in consumer lending: Institutions of self-locking and cooling-off period

    Book Chapter
    Development of the Russian socio-economic system: challenges and prospects
    Authors:
    Elena V. Iakovenko, Ekaterina V. Shushina
    Work direction:
    Глава 6
    Abstract:
    An analysis of legislative amendments on the possibility of establishing a “self-prohibition” on the remote conclusion of a loan agreement and the introduction of a “cooling-off period” before the issuance of loan funds was conducted to determine whether these institutions comply with the principle of freedom of contract. It has been established that self-prohibition is a voluntary self-restriction, which represents the most complete realization of freedom of contract. A cooling-off period is a mandatory restriction, establishing a deferred performance of the contract for the creditor. The authors conclude that the innovations are consistent with the constitutional criteria for the admissibility of restrictions on rights and freedoms, since the purpose of their introduction is to protect the rights and legitimate interests of all parties to the loan agreement.
    Keywords:
    loan agreement, freedom of contract, cooling-off period, self-prohibition, self-restriction, limits of freedom of contract
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