Effects of the absence of contractual freedom within the framework of banking contracts

Abstract

The restrictions imposed on contracts in general, and banking contracts in particular, are not limited to cases defined by legal rules or arising from public order. If one contracting party adopts or regulates certain contractual matters without initially presenting them to the other party or disclosing them after contract approval, this can create further restrictions, even without violating legal rules or public order. This is frequently observed in banking practice, where freedom of contract in the banking sector has become subject to limitations. The emergence of modern contracting methods and the provision of certain tools to banks to address the consequences of these methods have impacted contractual freedom within the banking sector, inevitably leading to harm to the other contracting party.