Shareholders' Agreements: Ethical and Legal Perspectives on Freedom of Contract in Company Law

The contributors to this edited volume engage with the current and multifaceted debate surrounding freedom of contract and corporate autonomy. Although freedom of contract is considered a historical cornerstone of private law, its limits and content are increasingly contested in the corporate context. The contributions focus on the tension between flexibility and legal certainty, particularly in light of the numerus clausus principle and international legal developments. Based on discussions from an international conference held at the Faculty of Law of the University of Lisbon in 2025, the authors analyze key questions of corporate governance: independence, transparency, sustainability, and democracy. They demonstrate how these guiding principles unfold within the tension between control, minority protection, and economic interests. A comparative analysis of different legal systems provides a broad overview of current developments. The contributions illustrate how freedom of contract—understood as an expression of entrepreneurial self-determination—can be reconciled with ethical requirements and institutional stability. The volume thus offers a substantial foundation for the further development of corporate law in the context of global responsibility.