Prof. Dr. Klaus Peter Berger, LL.M.transnational lawtransnational law (lex mercatoria or international business law) and "Freedom of contract"2016-03-01 13:58:16https://www.trans-lex.org/img/logo_ball.png
1 Together with the Principle of sanctity of contracts this Principle of party autonomy constitutes a core pillar of transnational contract law. The parties' freedom relates to both their decision whether to enter into a contract and how the contents of that contract should be. It is this later aspect of party autonomy which allows the parties to create, always within the boundaries of boni mores and the Principle on unfair standard terms, their own contractual framework, tailor made to the specificities of their commercial transaction.
3 The Principle ofÂ good faith is not subject to the Principle of freedom of contract, i.e. the parties may not contractually exclude or limit it. Such an agreement would itself be void because it is against boni mores.
Please cite as: "Commentary to Trans-Lex Principle , https://www.trans-lex.org/918000"