Reflecting on the Role and Impact of the Constitutional Value of uBuntu on the Concept of Contractual Freedom and Autonomy in South Africa

Private parties have the freedom and autonomy to enter into a contract. This is deeply rooted in their dignity personal liberties. individuals, furtherance of contract, certain reasonable expectations, most fundamental which desire that maximum respect given legitimately concluded agreement. The concept contractual connotes idea private individuals (natural juristic) liberty arrange affairs manner meets economic interest without governmental inhibition, control and/or interference. However, operative scope practical manifestations are circumscribed constitutional, statutory, legislative other socio-cultural orders States. article seeks reflect on role influence constitutional value ubuntu principle autonomy, naturally accompanying concepts pacta sunt servanda sanctity contract South Africa. provides an analysis judicial interpretation views relative competing values underlie Constitution Republic Furthermore, appraises impact those international commercial agreements. also discusses extent communitarian such as been infused African law further reflects implication infusing both domestic contracts. concludes with suggestion introduction traditional fundamentally alters theoretical foundations