Restriction of the freedom of will of individuals by moral norms

Abstract

Moral norms date back centuries. In a specific time and space, morality took a higher place than codified legal norms. The devel- opment of law has led to the fact that today codified acts have a predominant place in legal proceedings, although due to the im- portant place of moral rules in society, the legislator did not deny its importance in the Civil Code of Georgia. On the one hand, taking into account the role of morality in so- ciety and reinforcing its importance with the Civil Code is a posi- tive fact, however, on the other hand, it is important to assess how correct it is to reinforce it in its current form, as well as how much power it gives the court in order to limit the fate of transactions con- cluded within the autonomy of the will of individuals. While the consideration of moral rules should respond to the demands of society, its abstract and unclear content creates the possibility of excessively restricting the freedom of individuals when concluding a contract with the norms of morality unknown to a person. By discussing the selected issue, it becomes possible to analyze and evaluate the challenges and problems in Georgian litigation. The question to be discussed is: is the strengthening of morality a positive factor, or it can negatively affect the fate of the deals made by the autonomy of the will of individuals and limit their freedom.