Pacta sunt servanda: evolution and ambiguity of internal content

Abstract

One of the central principles of contract law — pacta sunt servanda — is universally 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.