The civilizational value of a contract

Department of law, Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences, Yekaterinburg, Russia

^* Corresponding author: kazan.m@mail.ru

Abstract

The article reveals the civilizational value of a contract as a social phenomenon (legal and non-legal). The contours of the general theory of contract are outlined; the concept of contract as an act of will is formulated, its nature as the most important social regulator is revealed. The article describes the role of a contract as an irreplaceable means of interaction between people, whose civilizational value is determined by the nature of a contract as an act expressing the common binding will of persons who perform it in their own interests. Values such as freedom, democracy, civil society, and human rights are inextricably linked with a contract. The level of contractual freedom is a manifestation and indicator of freedom of a person and society as a whole. The significance of a contract in the legal system is due to the fact that it is the most important legal regulator. The significance of contractual regulation lies in the fact that relations between legally equal subjects cannot be settled only by means of contracts. Contract law is the right of a free person. Thanks to the contract, free people create law for themselves. Law is created by citizens and legal entities through the conclusion of contracts.