Law 5110 Study Guide - Quiz Guide: Unjust Enrichment
Document Summary
Autonomy is the starting point hence a general rule of freedom of contract. As a rule, natural and legal persons are free to: Make a contract with whom the wish. Free to agree on the terms of their contract. A valid contract is binding on the parties (art ii-1:103); obligations can be enforced. Not all contracts are allowed: infrigement of fundamental principles [art ii-7:301] Incompatible with morality and public order; mostly unwritten e. g. fundamental rights [slavery] only fundamental morals. 3 typical cases incompatible with: generally accepted principles of family life and sexual morality, contracts which improperly restrict a person"s civil or ecenomic liberties, conflict with legal prohibition, infrigement of mandatory rules [art. Form requirements iv b: 1 104. Contract becomes in most cases viod or voidable. Regulated contracts often contain mandatory rules; e. g. art. The mandatory rule may provide for a sanction; this is easy.
