TO THE QUESTION OF THE DEFINITION OF THE PRINCIPLES OF THE CIVILIAN LAW OF UKRAINE
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article is devoted to the study of the general principles of civil law, by studying the principles of civil law, since the principles of civil law always establish objective laws of development of civil law relations. The proposed legal literature views on the concepts of “principles of law” and “principles of civil law” are considered, their characteristic features are revealed. The scientific approaches to the definition of the principles of civil law are analyzed and the author’s definition of this category is formulated. It is noted that some of the principles of civil law exist at the level of legal ideas, which have not yet found their consolidation among the general principles and other principles of civil law, but significantly affect the regulation of civil-law relations. Principles are the basic ideas that form a certain branch of law, are being developed by legal science and social practice as the most important, guiding legal ideas that form the basis of the legal views of society. In this context, there is a problem of interpretation of the law, resulting in divergences in the views on the number and diversity of the principles of civil law. It is substantiated that the consolidation in a law of one or another basic provision is not a duty to recognize its principle of law. It is concluded that the principles of civil law are the substantive law specified by law, which reflect the objective laws of development and the needs of society, existing in the form of legal ideas, which are made by legal science and social practice as the most important, guiding legal ideas and form the basis of the legal views of society, and in the form of general provisions found in the Civil Code of Ukraine. Along with this, the study of the principles of civil law is important, especially in terms of their practical application.
Authors and Affiliations
Олег Вікторович Басай
Keywords
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