|If any party to a juristic act manifests any intention which is inconsistent with a provision in any laws and regulations not related to public policy, such intention shall prevail.|
|Discretionary provisions (provisions of any laws and regulations not related to public policy) can be eliminated with the contract between the parties, therefore even if the parties to the contract concludes a contract that eliminates discretionary provisions, such contract remains valid.|
|Amended Civil Code, Article 521 (Conclusion of contract and freedom of contents)
1. Except as otherwise provided, anyone is free to decide whether to enter into a contract.
2. The parties to the contract is free to decide the contents of the contract, subject to the restrictions prescribed by laws and regulations.
|Amended Civil Code, Article 522 (Formation of contracts and method)
1. A contract shall be formed when the content of the contract is communicated and the intention to conclude the contract is manifested (hereinafter referred to as “offer”) to the other party, and the other party agrees to said action.
2. The formation of contract does not require to be accompanied by the production of a document or other means, except as otherwise provided.