Freedom in Business. Concept and Forms of Manifestation
Freedom in Business. Concept and Forms of Manifestation

Author(s): Manuela Nită
Subject(s): Business Economy / Management, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: undertake; legal will; competition; usury clause; consensualism;
Summary/Abstract: Liberty is generally regarded as the right of any individual to act according to his own will. This freedom is also transposed in business as the freedom of initiative in which the entrepreneur manifests his legal will according to his interests. The present analysis starts from the role of the principle of freedom in business within the branch of law, in order to identify the normative benchmarks that give it substance and the components of this freedom from an economic and legal perspective, with references to practical elements. The study also addresses the correlation between the values of this freedom and the existence of standard, framework and adhesion contracts that do not exclude the manifestation of the will of the parties in giving content to the business, being protected from any attempt at discrimination or abuse by the authorities. Freedom in business and freedom of contract is analyzed with reference to Romanian and European legislation, but also to specific norms of international trade law, especially regarding the freedom to choose the applicable law.KEYWORDS: undertake, legal will, competition, usury clause, consensualism

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