Foundations and orientations for completing regulations on exceptions to the freedom of contract principle in Vietnamese law

Abstract

The principle of freedom of contract is derived from the doctrine of free will. However, freedom does not mean absolute freedom but is limited to protect public order and the common interests of society. Contracts are still the result of freely negotiated agreements and the convergence of wills between parties, but they must be subject to close legal supervision through the regulation of specific exceptions that parties must adhere to when entering contracts. This article presents the foundations for contract law to establish regulations on exceptions to the principle of freedom of contract, thereby providing directions for improving regulations on exceptions to the principle of freedom of contract in Vietnamese law.