Справедливость договора: основные начала

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Introduction. Despite the fact that the problems of justice are actively studied by political theorists, their attention is usually focused only on the most politicized issues. As a result, the sphere of private law relations is not worthy of their attention. Meanwhile, to the extent that justice can be defined as the proper state of social relations, the criteria of justice are applicable to all social relations, actions and actions. Purpose. The article attempts to analyze the scope of contractual relations, current legislation and existing doctrines in the field of contract law from the point of view of justice. The necessity of creating a separate research area - the theory of a just contract (the theory of contractual justice) is substantiated. Methodology. It is proposed to base the normative studies in the sphere of contractual relations on the general provisions developed by political theory. Thus, it is proposed to politicize contractual issues in a certain sense, or more precisely, to integrate it into the general discourse of justice. Results. The key importance of the concepts of will, interest and good faith for determining the justice of contractual relations is emphasized. A differentiated approach to determining the legal capacity of the subjects of contractual relations is substantiated. Moral justifications for invalidation of transactions, modification and termination of transactions, as well as for compulsory contracts and restrictions on freedom of contract are considered. The position is defended, according to which the legal norms governing these public relations, as a general rule, should take into account both the consent of the parties to the contract and their good faith (awareness and absence of abuse), and, among other things, the mutually beneficial nature of the contract. Exceptions to this rule require proper justification. Conclusion. The author of the article philosophically comprehends the main provisions of the current legislation, and thereby outlines the contours of the theory of contractual justice.