2 The definition of a contract is what the parties have actually agreed. That is the commitment of both parties. The obligation may be to do something, to refrain from doing something or to give something to someone. The purpose of a contract is therefore the agreement of the parties to act, not to act or to give. The purpose of the employment contract is, for example, the employer`s agreement to pay the wage, and the agreement of the workers to do certain things. In the contract to sell the house; The seller`s obligation is to transfer the property and property to the buyer and the buyer`s obligation is to pay the price. 3 Conditions of valid objectsa) Clarity of property: the purpose of a contract must be sufficiently clear; Otherwise, the Tribunal concludes as if the parties had not exercised contractual freedom (b) the possibility of contradiction: the freedom of the parties does not allow them to attach themselves to humanly impossible matters. c) Legality of the object: No person may be contractually obliged to violate a law of the land, as this is a contradiction in these areas. (d) Morality of the object: Therefore, any immoral obligation cannot be imposed by the court or the executive 5 restrictions of contractual freedomThe absence of contractual freedom is not absolute. No freedom on earth is absolute. Man is a social animal in which the absolute freedom of one necessarily violates the freedom of the other.
Contractual freedom is limited to achieve social justice, peace and tranquillity. The main causes of the restriction of contractual freedom are: a) social protection: laws have been adopted to prohibit certain types of contracts and impose contractual conditions. Institutions designed to serve as a safety net for individuals to protect them from extreme commercial and industrial phenomena. 1 Provisions of the Treaty Art.129-133Conditions of the existing contractual limitation of contractual freedom 6 Restrictions on contractual freedomb) Consumer protection: there is also an acknowledgement of the risk of concentration of economic power. As a result, Parliament began to impose conditions on the contracting parties. In particular, sellers of goods were required to respect certain basic standards (c) Public or moral order: under the guise of contractual freedom, the parties cannot violate public order and morality An employment contract is a reciprocal employment contract by which a worker makes his services available to another person or organization. 9 Illegal Ground Courts never invalidate a contract, even if the illegal or immoral ground is stated in the treaty itself.