Model law as means of unification of private law

Автор: Korableva I.V.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 9, 2023 года.

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This article looks at recent studies dealing with the model law as a unique in its nature unification tool of private legal relations. The principle of creation of the designated type of documents is examined, a positive scientific assessment of its existence is given on the example of the works of O.P. Korovina, M.I. Pantykina, E.V. Shestakova. The remarkable fact is that the model law contributes to the improvement of lawmaking, harmonization and unification of law. Moreover, it has been revealed that both at the theoretical and practical level there are gaps and difficulties in the legislation (lack of clearly defined distinctive features of model laws, which distinguish them from other international documents, the influence of political processes and private-economic interests on this section of law, difficulties of interpretation), which creates prerequisites for further study and improvement of model law. In the course of drafting the article both general-scientific (analysis, comparison) and private-scientific methods (study of judicial practice) of research were used.

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Model law, legal modeling, unification of law, harmonization of law, standard contract

Короткий адрес: https://sciup.org/149143341

IDR: 149143341   |   DOI: 10.24158/tipor.2023.9.21

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