On the evaluation concepts in the civil law

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Evaluative concepts such as reasonableness, fairness, justice) are contained in the provisions of the civil code and are used to regulate civil law relations. The presence of evaluative concepts in the norms of the civil code is dictated by the need of normalisation of regulations, in which the rules of conduct for their members may vary, depending on the specific situation, status of entities, as well as other subjective dependent and independent factors. Thus, on the one hand the subject of the described relationship is always to be under the burden of making lawful election of certain behavior models, and on the other hand the assessment of the legality of such conduct shall be by another person - the authority. The main problem here lies in the fact that the subject under the action of norms, which contains the evaluative concept of the person assessing the legality of the conduct of that person's own evaluation system.

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Civil law relations, valuation concepts, rationality, fairness, integrity, changing circumstances, judicial discretion, the problem of evaluation

Короткий адрес: https://sciup.org/142232598

IDR: 142232598

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