Methodology of research on the inter-branch relations in civil law
Автор: Vasilyev V.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Статья в выпуске: 3 (29), 2015 года.
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Introduction: the article considers current problems of methodology of research of the inter-branch relations in civil law. The importance and relevance of the subject is predetermined by the fact that the problems chosen for the research had not been sufficiently developed, while it is essential to know prerequisites of the civil law system functioning, its prospects and tendencies. Purpose: the research on methodological approaches is focused on identification of the most appropriate scientific method of cognition of essentiality and importance of the inter-branch relations in civil law, the use of which would allow to justify scientifically a coherent conception of these and to form the basis for its thorough and objective analysis. Discussions: the knowledge of the importance of the inter-branch relations of civil law can be effective only if based on strictly scientific methodological approach, which through various means and methods of cognition allows to reveal the specificity and nature of interaction between various elements of the system of civil law and to prove their dependence. In such case one of these methods is dominating as it makes it possible to consider the subject of research most fully. Scientific cognition of the inter-branch relations presupposes the use of the structural systemic method of research, that is the analysis of essence and importance of connections between various levels of the system elements: between the general norms of civil law; between institutes of the General part of civil law; between elements of the General part and institutes of the Special part. Conclusions: the suggested structural and systemic methodological approach to research of the inter-branch relations in civil law allows to reveal the fundamental nature of the subject of research and use the results obtained for the solution of one of the major scientific civil law problems, that is justification of integrity of the civil law system and the unity of the elements forming this system.
Structure of civil law, methods of research of the structure, relations in civil law, system of civil law, integrity of the system
Короткий адрес: https://sciup.org/147202519
IDR: 147202519