An important source of this diversity of opinion is the ever-growing spring of early constitutional doctrine, the prevalence of notions of natural law, and the resulting vague meaning of the concept of „law.“ In Sturges v. Crowninshield, Chief Justice Marshall defined the obligation of the contract as the law requiring a party to „fulfill his business“. 2120 Where does this law come from? If it comes from the state, which Marshall would later have to deny for private contracts,2121, it is difficult to expect that the treaties of the states will be covered by the clause which clearly does not create an obligation for contracts, but only protects the existing obligation. On the other hand, if the Law on Contractual Obligations includes natural law and principles, as well as state law, the state`s own obligations, to the extent that they align with them, are covered by the clause, since the state itself is probably bound by such principles. „Odd“ Defined. – „The obligations of a contract,“ said Chief Justice Hughes for the court in Home Building – Loan Ass`n v. Blaisdell,2090 „are affected by a law that invalidates or frees them or removes them . . . .

and the achievement . . . based on laws that, without destroying contracts, depart from essential contractual rights. 2091 Adds, however: „Not only are existing laws read in treaties to establish obligations between the parties, but the reservation of the essential characteristics of sovereign violence is also read in treaties as a postulate of the legal order. The policy of protecting treaties from disruption requires the maintenance of a government that rewards contractual relations – a government that has sufficient powers to ensure peace and good order of society. This principle of harmonizing the constitutional prohibition with the necessary state residuum was gradually recognized in the Court`s judgments. 2093 In Spannaus, the Court of Justice drew four standards from its previous cases: if the law dealt with a broad general economic or social problem, it was active in an area that, at the time of the conclusion of contractual obligations, was already subject to the national regime. it is simply a temporary change in the contractual relationship, and the law has affected a broad category of people involved or concerns.