The legally significant cooperation in the categorical system of Russian civil law

Автор: Fedoseev A.A.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское, семейное и предпринимательское право

Статья в выпуске: 1, 2021 года.

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Social cooperation acquired legal significance when it became regulated by civil law as the principle of assistance (cooperation) to the parties to the obligation. The successful operation of this principle became a prerequisite for appearance of proposals to extend the scope of this principle to all civil relations. According to the author of the article, the specificity of civil legal relations, except for obligation relations, gives reason to believe, that not all imperatives of analyzing principle would be effective and useful in general civil regulations too. Therefore, before formulating the principle of cooperation, as a general principle of Russian civil law, it is necessary to conduct a more detailed study of the legally significant cooperation as a category of civil law. The author analyzes the content of this category, trying to find independent elements in it, which would allow us to understand better the phenomenon of the legally significant cooperation and determine its regulatory potential. To sum up, the author concludes that the content of the legally significant cooperation disintegrates to three independent categories - the cooperation as a condition of relationship, the cooperation by action and the information cooperation.

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Social cooperation, the judicially significant cooperation, principle of cooperation, the principle of assistance, information cooperation

Короткий адрес: https://sciup.org/147230081

IDR: 147230081   |   DOI: 10.17072/2619-0648-2021-1-139-151

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