To the question of imperative and dispositive basis in the russian contract law
Автор: Alimgafarova A.R.
Журнал: Juvenis scientia @jscientia
Рубрика: Юридические науки и политология
Статья в выпуске: 1, 2017 года.
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The problem of correlation between imperative and dispositive norms of contract law in Russia is investigated in this article. This issue has become particularly acute in the period of the Russian Federation of civil rights reform. Novels in the civil law otherwise solved the problem associated with the public law and private law principles in the field of contract law, which caused a large amount of controversy in scientific circles. Election and securing only one of the presumptions - imperative or dispositive, in our opinion, does not meet the current state of civil turnover. The most effective we see the consolidation of the various presumptions depending on the subjects of a particular legal relationship, namely, the presumption imperative in relations with the participation of citizens and of the presumption of optionality between traders.
Imperative norms, dispositive norms, contract, contract law, freedom of contract
Короткий адрес: https://sciup.org/14110146
IDR: 14110146