About fundamentals of methodological culture in civil law

Introduction: In the article methodological aspects of research culture are analyzed. The author addresses to approaches and levels which should be followed in the process of scientific cognition. For this purpose the adjacent concepts "technique", "method", "methodology" are differentiated. Designating own phenomenological importance of each of them, the author proves a conclusion about inadmissibility of their vast interpretation. Purpose: to formulate the methodological regulations as a necessary reference point at research of the civil problems relating to basic categories of civil law. Addressing to problems of obligation law, the author polemizes with the scientists who put forward the thesis about need of exarticulation of regulatory subsidiary obligations in the existing system of obligations. Disagreeing with the part of arguments of this theory supporters, the author believes that the previous achievements of the civil theory about the classification of obligations in general have to be the basis of such allocation judgments. Thereby the approach put in the basis of the supporters’ position of exarticulation of regulatory subsidiary obligations will be known. The research level is not clear at uncertainty of approach. The points of view about an admissibility of this type of subsidiary obligations allocation, according to the author of article, have the methodological error coming from two factors. The first factor is connected with construction of classification in a rank of actually significant (but not accessorial) reception of the intrinsic analysis of concrete obligation legal relationship from the position of its type. The second factor is impossibility to single out the true criterion of the obligation offered to exarticulation. Results: the author believes that the theory of subsidiary obligations, having the right for the development, has to be improved not due to "cancellation" reached in the existing classifications, but due to research of features of the status of the subsidiary debtor as potential participant of obligation legal relationship. However, it is necessary to reach doctrinal unity in a question of approaches to research of this subject, considering the fact that contents of the regulatory obligation, and also its participants, unlike guarding obligation, are defined first of all by will of the parties.