„Are all the Pacta Being Servanda?” The Social Impact of the Pacta Sunt Servanda Principle in German and Romanian Private Law
„Are all the Pacta Being Servanda?” The Social Impact of the Pacta Sunt Servanda Principle in German and Romanian Private Law

Summary/Abstract: The law is deeply intertwined with human society, forming a reciprocal relationship where the law and the people are connected. This interconnection underscores the necessity for legal stability while acknowledging the need for adaptability to accommodate evolving societal dynamics and security concerns. The historical evolution of the principle reveals its foundational role in contract law across civilisations. From the transition of contract terminology from pactum to conventio and contractus to the influence of classical Roman law on contemporary contract principles, the sanctity of contracts has remained a guiding principle. Christianity's influence, articulated through St. Augustine's teachings and echoed in Grotius' advocacy for promise-keeping, underscores the moral imperative of honouring agreements. Throughout centuries, pacta sunt servanda has evolved into a fundamental principle governing the life of societies and shaping international relations. Its universal applicability underscores its importance in sustaining social cohesion and fostering trust in contractual relationships. The principle's application across different legal systems, as exemplified by the German and Romanian Civil codes, underscores its enduring relevance and vital role in upholding the legal and social order.

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