On the principle of the impossibility of anyone’s arbitrary interference in private affairs in the field of contract law: a comparative legal study on real law and foreign law

Abstract

The article examines the principle of the inadmissibility of arbitrary interference of someone in private affairs in relation to the field of contract law on the basis of a comparative legal analysis of Russian, German, French, Anglo-American and Chinese legislation. It is proved that in contractual relations this principle is aimed at protecting the autonomy of the will of the parties, freedom of contract and proper fulfillment of obligations from the unlawful influence of the state, counterparties and third parties. The author reveals the signs of arbitrary interference through the absence of a legal basis, legitimate purpose and proportionality of the impact, shows the features of national models of legal regulation in the context of the Civil Code of the Russian Federation, based on good faith and prohibition of abuse of law. Special attention is paid to the forms of interference in contractual relations, including inducement to violate the contract, creating obstacles to execution, intercepting the subject of execution and using public procedures to the detriment of the counterparty. The analysis shows that contractual autonomy is not absolute: interference is permissible if there is a direct legitimate basis, compliance with procedural requirements, protection of the public interest and the principle of good faith. It is concluded that there is a need for clearer regulation in Russia of the liability of third parties for intentional interference in the execution of a contract and the importance of distinguishing between permissible and arbitrary effects on contractual autonomy.