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D. PRELIMINARY EXPLANATIONS
22. Before starting with explanations, first of all I would like to state that the…
23. Secondly, before going on, I would like to explain the principle of freedom of…
24. It can be said that the principle of freedom of contract is based on article…
“The content of a contract may, within the limits of the law, be established at the discretion of the parties.…
Contracts deviating from what is provided for by law are valid only if the law does not contain mandatory provisions, or where such deviation does not violate bonos mores or public policy or personal rights.”…
25. According to the principle of freedom of contract, the parties can define the…
26. The freedom of determining the party: In accordance with this principle, everyone…
27. The freedom of the form: Contracts are valid without any special form unless…
28. The freedom of modifying and cancelling the contract: It is in the parties discretion…
29. The freedom of determining the content of the contract: This freedom is also…
30. The limits of the freedom of contracts are defined by the article 19 and 20 of…
“Contracts containing provisions which are impossible, illegal or contra bones mores are null and void.”…
31. With reference to these two articles, the doctrine and jurisprudences determine…
32. Most of the general provisions of the Code of Obligations and specially the provisions…
33. To understand if a provision is mandatory or not, there are two possibilities.…
34. In addition, I should also explain that in this legal opinion, we use the terms…
C. QUESTIONS FOR ANALYSIS
E. QUESTIONS AND ANSWERS
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