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.
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