Abstract

The principle of autonomy of will in the contractual sphere is considered one of the fundamental principles underlying the traditional theory of contract. It is based on the freedom of individuals to enter into contracts, determine their content, and establish their legal effects. However, social and economic transformations have led to increasing legislative intervention in contractual relations and the imposition of restrictions on contractual freedom, in order to safeguard public policy, protect contracting parties, and achieve contractual balance. This study aims to examine the manifestations and limitations of the principle of autonomy of will in the context of legislative intervention, through an analysis of the provisions of the Mauritanian Law of Obligations and Contracts. It examines the principal manifestations of this principle, namely the binding force of the contract, contractual freedom, and the relative effect of contracts, as well as the main limitations imposed upon it at the stages of contract formation and performance, particularly those relating to mandatory rules, formal requirements, good faith, equity, judicial interpretation, clauses excluding liability, and force majeure. The study concludes that legislative intervention has not abolished the principle of autonomy of will but has rather redefined its scope and regulated its exercise in a manner that strikes a balance between contractual freedom, on the one hand, and the requirements of public policy, justice, and contractual balance, on the other.

Keywords

Principle of autonomy of will; contractual freedom; binding force of the contract; relative effect of contracts; legislative intervention; public policy; good faith; contractual balance; force majeure.