The Legal Foundation of Service Agreements
An international service agreement, viewed through Georgian law, rests on the general concept of obligation: by virtue of an obligation the creditor is entitled to demand from the debtor the performance of an action, and performance may also consist in the omission of an action. Moreover, by its content and character an obligation may impose on each party special good faith towards the rights and property of the other — a general foundation that embraces service contracts as well.
The principle of freedom of contract is decisive for international services too: subjects of private law may, within the limits of the law, freely conclude contracts and determine their content, including contracts not envisaged by law but not contrary to it. At the same time, a party holding a dominant position on the market bears an obligation to conclude contracts and may not unjustifiably offer a counterparty unequal terms — a limit that protects the weaker side of cross-border service relationships.