The limitation if freedom of contract on the public order

The contrariety to public order that is about the freedom of contract in the Article 27 of Turkish Obligation Code (No. 6098) reflects the notion of economic public order's protective nature. In case of instability of economic balance of contract and the breach of social general benefit, the contrariety to economic public order arises. Considering social general benefit in contract is the most important arbiter on separation of the contrariety to good morals and the contrariety to public order. The principle of protection of weak party and structural disparity between parties are indicators for jugdes on the subject of embody the rules of public policy. Applying the rules of public policy in contract law requires consideration of conctractual justice, the principle of equity, object of social economic peace and the principle of proportionality. Judges have the duty to research the parites' economic and social situation on the subject of establishment of the contrariety to public policy in contract. Hereby it is not suitable that defending the a priori detection of weak parties on the subject of the contrariety to public policy. The need of protection of weak party in situation of structural disparity should be arisen due to the existing market failure's effect on making the contract. Yet when the establishment of contrairty to public order is in the question, the subject that should be evaluated is the breach of fundamental rights and freedoms, espiecally economic ones, of the weak party.