Atypical civil law provisions
Abstrak
The article is devoted to the vision of atypical civil law provisions. It was found that the state of scientific opinion regarding atypical civil law provisions is irrelevant to the demands (needs) of the time. The subject of the study is atypical civil law provisions. The purpose of the study is to solve a scientific problem, which consists in developing a theoretical concept of atypical civil law provisions. The concept of atypical civil law provisions is defined as peculiar rules embodied in civil legislation (civil law goals-provisions, civil law principles-provisions, civil law definition-provisions, temporal civil law provisions, conflict civil law provisions, operational civil law provisions), which have a two-element structure (hypothesis and disposition ) and do not establish specific legal models of behavior of participants in civil relations, and the functional potential of which in the mechanism of legal regulation of civil relations depends on a certain type of such civil law provisions. It was determined that the atypical civil law provisions include: first, civil law goals-provisions; secondly, civil law principles-provisions; thirdly, civil law definition provisions; fourthly, temporal civil law provisions; fifth, operative civil law provisions; sixth, conflicting civil law provisions. The research is based on general scientific and special legal scientific methods of cognition. Using the historical-legal method, the evolution of atypical civil law provisions (civil law definition-provisions and operative norms of civil law) is outlined. Using the formal-logical method, the following author’s definitions were developed: a) atypical civil law provisions; b) civil law goals provisions; c) civil law principles-provisions; d) civil law definition-provisions; e) civil law temporal provisions; e) civil law operational provisions; e) conflict civil law provisions. The combination of systemic and structural-functional analysis made it possible to determine the types of atypical civil law provisions. Acts of civil legislation of Ukraine are the normative-legal base for the study of civil law goals-provisions, civil law principles-provisions, civil law definition-provisions, civil law temporal provisions, conflict civil law provisions, civil law operational provisions.
Penulis (1)
V.M. Cherneha
Akses Cepat
- Tahun Terbit
- 2023
- Bahasa
- en
- Sumber Database
- CrossRef
- DOI
- 10.24144/2788-6018.2023.03.24
- Akses
- Open Access ✓