{"title":"事实契约关系理论:形成与批判的历史","authors":"D. Shchepin","doi":"10.24031/1992-2043-2021-21-6-59-98","DOIUrl":null,"url":null,"abstract":"The present article is devoted to the main provisions and criticism of the theory of factual contractual relations, which arose in Germany in the middle of the 20th century. The author reveals the issues of the emergence of the theory of factual contractual relations and its subsequent perception by the doctrine and judicial practice of Germany and Switzerland, and also correlates this theory with private autonomy and legal certainty. Based on the analysis, it was concluded that there is no need to apply the theory of factual contractual relations in the Russian legal order.","PeriodicalId":35992,"journal":{"name":"Harvard Civil Rights-Civil Liberties Law Review","volume":"28 1","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"THEORY OF FACTUAL CONTRACTUAL RELATIONS: HISTORY OF FORMATION AND CRITICISM\",\"authors\":\"D. Shchepin\",\"doi\":\"10.24031/1992-2043-2021-21-6-59-98\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The present article is devoted to the main provisions and criticism of the theory of factual contractual relations, which arose in Germany in the middle of the 20th century. The author reveals the issues of the emergence of the theory of factual contractual relations and its subsequent perception by the doctrine and judicial practice of Germany and Switzerland, and also correlates this theory with private autonomy and legal certainty. Based on the analysis, it was concluded that there is no need to apply the theory of factual contractual relations in the Russian legal order.\",\"PeriodicalId\":35992,\"journal\":{\"name\":\"Harvard Civil Rights-Civil Liberties Law Review\",\"volume\":\"28 1\",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2022-03-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Harvard Civil Rights-Civil Liberties Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24031/1992-2043-2021-21-6-59-98\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Harvard Civil Rights-Civil Liberties Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24031/1992-2043-2021-21-6-59-98","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
THEORY OF FACTUAL CONTRACTUAL RELATIONS: HISTORY OF FORMATION AND CRITICISM
The present article is devoted to the main provisions and criticism of the theory of factual contractual relations, which arose in Germany in the middle of the 20th century. The author reveals the issues of the emergence of the theory of factual contractual relations and its subsequent perception by the doctrine and judicial practice of Germany and Switzerland, and also correlates this theory with private autonomy and legal certainty. Based on the analysis, it was concluded that there is no need to apply the theory of factual contractual relations in the Russian legal order.
期刊介绍：
The Harvard Civil Rights-Civil Liberties Law Review (CR-CL) is the nation’s leading progressive law journal. Founded in 1966 as an instrument to advance personal freedoms and human dignities, CR-CL seeks to catalyze progressive thought and dialogue through publishing innovative legal scholarship and from various perspectives and in diverse fields of study.
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