Some issues of methodology in law: civil law prerogatives and legal construction

The author considers it acceptable to evaluate the juridical construction in term of a substance meaningful for the specific participant of the legal communication. The juridical construction gets the substance when a definite “center” is found within it. Such a center is a legal act or a fact. Thus, from the moment the will is expressed by the legal communication subject, the civil legal construction, for example, is a contract liability, it is substantivized, becomes a liable to interpretation “legal substance”, which got an independent measure. In general the juridical construction, in our opinion, is a primary legal concept, capable of objectification in the legal norms and acting (having the grounds ) as a substantial legal fundamental. Subsequently, the definiteness of the subjective prerogatives and duties in the legal norms is not achieved spontaneously by the order of the legislator, but relies on a concept that provides for its objectivization and substantivization in connection with this or that fact. The juridical constructions themselves can be viewed as generalized social facts, which legal signs and properties are meaningful for the legal communication participants