NEW EXPANSIVE INTERPRETATIONS OF THE PRINCIPLE OF AUTONOMY OF WILL

Abstract

This scientific article examines the genesis of the principle of autonomy of will and reveals its essence as a philosophical doctrine. It provides a critical analysis of how this principle is embodied in the current Civil Code and discloses its substantive content. The essence of the self-regulation mechanism and the conditions for its application are studied in close connection with the conditions for the exercise of autonomy of will. It is noted that issues related to the application of self-restraint in the exercise of rights have both historical roots and modern legal constructions; in particular, they are associated with problems arising from fraudsters obtaining online loans in the name of other persons. The necessity of anonymous participation of subjects in civil turnover is also examined. In the final scientific conclusion, the expediency of interpreting autonomy of will in the Civil Code as a system of principles identified in this study is substantiated. At the same time, the article advances the idea that, under conditions of legal pluralism, alongside the national legislative segment, the functioning of constructions of Anglo-Saxon law and Islamic finance is permitted within the legal space of our country, which in practice contributes to the structural enrichment of the interpretation of the principle of autonomy of will.

Certainly, the significance of the autonomy of will should not be absolutized as the highest manifestation of human freedom. Freedom is always associated with conscious necessity, which in no way can be harmonized with arbitrariness or anarchy. Therefore, while recognizing the autonomy of will as one of the fundamental principles of civil law, one should not forget the limits of its application.