contract-law european-union
Is there any country where contract overrides law?
<p>Why is contract not above law?</p>
<p>Is there any country in the world where contract overrides law?  If not, why not?  What if both parties intend to sign and follow a contract that is against the law?</p>
<p>My reason for asking is whether a contract can legitimately override EU refunds laws.</p>

<p>The law often provides a <strong>default</strong> which a contract can modify. For example, the law might provide that a lease can be terminated on 30 days notice, but the parties could agree on a different notice period, which would control. But a contract cannot be for an illegal result (or if it is, it will not be enforced by a court). Nor can a contract modify positive legal provisions which are specified as absolute. For example in some US states a consumer sale includes an implied warranted of merchantability, and this cannot be waived or modified by contract. Or the law in some cases gives a period, perhaps three days, within which a party has a right to cancel without penalty. This generally cannot be shortened by contract.</p>
<p>There are various reasons why laws provide terms which a contract may not overrule. In many cases it is because one party is perceived as being in a stronger position and might be inclined to take unfair advantage. This is the case with much consumer protection legislation. In other cases it is to society's advantage if there are uniform terms and standards known to all, which cannot be varied by contract, so third parties do not need to check for contract terms. For example, US copyrights always expire on the last day of a year, and no contract can modify this. For another example banking law specifies the position and format of account numbers and routing numbers on a check, and a  customer may not contract with a bank for a different format.</p>
<p>I do not know if the EU refund law provides a default which can be modified, or an absolute rule which cannot.</p>
