The OZ regulates this principle in Article 3, titled “Free Regulation of Obligations Relationships”, which states that participants freely regulate obligations relationships but may not do so in contradiction to the constitution, mandatory regulations, or moral principles.46 This means that parties are free to determine the content of a contract, with the limits of this freedom set by constitutional principles, mandatory regulations, and morality. As the restrictions on the principle of autonomy of will in contractual relationships are generally of an imperative nature, they result in the nullity of the legal transaction.47
The freedom to decide whether and with whom to conclude a contract is restricted in cases where one party is legally required to enter into a contract (duty to contract).48
