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Article 421. Freedom of contract

📅 Updated: 30.09.2026

1. Citizens and legal persons shall be free to conclude a contract; no coercion to conclude a contract shall be permitted unless the obligation to conclude a contract is provided for in this Code. 2. The parties may conclude a contract, whether provided for or not provided for by law or other legal acts. In the absence of the elements referred to in paragraph 3 of this article, the rules on certain types of treaties provided for by law or other legal acts are not applicable. 3. The parties may conclude a contract which contains e.g., the rules on the analogy of the law (art. 6, para. 1) with respect to the individual relations between the parties to the treaty. The provisions of the various treaties provided for by law or other legal instruments (a mixed treaty) apply to the relations of the parties under a mixed treaty in the relevant parts of the rules on contracts between the parties and the parties to the treaty. 4. The terms and conditions of the contract shall be determined at the discretion of the parties, except in the cases to which the parties are entitled. When the content of the relevant condition is prescribed by law or other legal acts (art. 422). The parties may, by agreement, exclude its application or establish a condition other than that provided for therein. 5. If the condition of the contract is not determined by the parties or by a dispositive rule, the relevant conditions shall be determined by the customs applicable to the contract. The relationship between the parties.