The Impact of Fundamental Rights on the Adjustment of Private Contracts

Abstract

In today’s world, fundamental human rights play a vital role in the realm of contract law, to the extent that the content of contracts must conform to this category of rights. In this study, the author aims to clarify the necessity of the influence and penetration of fundamental rights in the domain of private law, especially in contracts between individuals. The objective is to emphasize that these rights are not only binding upon public authorities to safeguard citizens’ rights, but they are also mandatory for private contracting parties. This remains true even though, under the principle of freedom of contract, such parties are free to mutually agree upon contractual terms. Attention to the underlying values and principles of contracts—particularly the tension between the autonomy of contracting parties and the protection of the weaker party’s rights, as well as the promotion of distributive justice—is both significant and worthy of examination. More importantly, considering the discourse on fundamental rights, the freedom of contract, private relationships, and the jurisdiction of courts to intervene, it becomes essential to determine where, how, and when the judiciary intervenes to strike a balance between the protection of fundamental rights and respect for the autonomy of the parties. In other words, private contracts must not violate fundamental rights, whether in their core principles or subsidiary components. Accordingly, the purpose of this paper is to explore the concept of fundamental rights and their impact on contract law and the principle of freedom of contract, and consequently, to uphold the essential societal values recognized by laws and conventions. The paper also examines the position of contractual adjustment in private agreements based on this foundation.