Pacta sunt servanda: эволюция и неоднозначность внутреннего содержания

Вестник Московского университета. Серия 11: Право. 2020. № 1. С. 86–94.

Bogatyrev G.

One of the central principles of contract law — pacta sunt servanda — is univer-
sally recognized in legal doctrine and is based on a number of philosophical and legal 
theories, the most common of which are “Promise Theory”, “Theory of Will”, as well 
as “Efficiency Theory”. The study of these theories allows us to state the absence of 
historical continuity between the original and subsequent meanings of the principle, and 
lack of a concurrent point of view within the doctrine. In addition, various foundations 
of pacta sunt servanda are multidirectional and sometimes mutually exclusive. Finally, 
none of them has a logical connection with the legal nature of contract, but relies on more 
general legal and philosophical concepts. Under such circumstances, the ambiguity of 
understanding of the principle by legislators and judges, as well as its practically absent 
implementation in positive law, seems quite understandable.

Keywords: обязательность договоров, the power of promise, Обязательство, договор, контракт, обещание, obligation, concept of contract