Freedom of contract and human rights in French laws - Some recommendations for the improvement of Vietnamese laws

Abstract

Freedom of contract is not only a fundamental human right but also a tool that can be used to infringe upon human rights. Parties to a contract, through the principle of freedom of will, may freely negotiate terms that violate human rights in the absence of an effective mechanism to regulate such provisions. Presently, Vietnamese law does not explicitly define human rights as a limitation to the freedom of contract. In contrast, French law has provided several precedents addressing the restriction of freedom of contract by human rights. This article analyses and compares the French and Vietnamese laws on freedom of contract and human rights. Consequently, it demonstrates certain limitations in Vietnamese laws relating to such issues. Finally, the article makes proposals to regulate contract clauses that infringe upon human rights.