The Application of General Contract Law Principles to the Formation of Modern Contracts in Development Programs

Abstract

The expansion of national development programs has profoundly transformed the legal role of contracts, shifting them from instruments of purely private exchange to mechanisms that implement public policy, coordinate complex economic activities, and manage long-term public–private relationships. This article examines how general contract law principles operate and adapt in the formation of modern contracts within development-oriented frameworks. Employing a descriptive–analytical narrative review method, the study analyzes doctrinal writings and contemporary legal debates to clarify the continued relevance of foundational principles such as consent, autonomy of will, legality, good faith, certainty, and consideration or causa in regulated and technologically mediated contractual environments. The analysis demonstrates that modern development contracts—characterized by long duration, structural complexity, regulatory embeddedness, and hybrid public–private features—do not displace general contract principles but rather necessitate their contextual reinterpretation. Particular attention is devoted to the doctrinal reconfiguration of consent and autonomy under regulatory constraints, the enhanced normative role of good faith and fairness in managing uncertainty and asymmetry, and the delicate balance between contractual freedom and public interest objectives. The article further identifies key legal challenges arising from conflicts between classical doctrines and regulatory demands, as well as the risks associated with excessive formalism or undue flexibility in applying general principles. It argues that a contextual and purposive application of general contract law principles provides a coherent framework for ensuring legal certainty, contractual stability, and policy effectiveness in development programs. By articulating doctrinal pathways for adaptive interpretation, the study contributes to a more integrated understanding of modern contract formation and offers a conceptual foundation for future legal development in development-oriented contracting.