Introduction
Traditionally construed as an essential component of liberal constitutional States, contractual freedom is one of the cornerstones of contract law in most jurisdictions (both of common and civil law).[1] In essence, it provides that parties are free to decide how to be bound in their contractual relationship, i.e. whether and with whom to enter into a contract and how the content of that contract should be (it is also referred to as the principle of ‘party autonomy’).
This freedom is made of two components: freedom of form and freedom of content. Concerning the former, Article 11 of the Swiss Code of Obligations (SCO)
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