Reasonableness and justice as a principles of the civil law and the beginning of functioning of the system of civil circulation

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Introduction: through the prism of the question of the principles of civil law and the doctrine of the civil circulation in the article examines the category of «reasonableness» and «justice». Purpose: Based on the provisions of Russian and foreign civil law, civil doctrine and practice to explore the significance of categories under consideration, their content and correlation with the principle of good faith. Methods: The article is based on general scientific and private-scientific methods of research, key among them to obtain final conclusions were: formal-legal, comparative legal and systematic methods. Results: substantiated the thesis that the reasonableness and justice are independent principles of civil law, having their content and scope. The author advocates for their fixation in Art. 1 of the Civil Code «The basic beginning of civil law», along with the principle of good faith. Revealed that the rules about reasonableness and justice are not only in Russia but also in other legal systems, on the basis of which concluded about the admissibility of their characteristics as the universally recognized norms of civil law. Stresses the need to understand the reasonableness and justice, not only as principles (epistemological beginning) civil law, but also as its ontological beginning. From the point of view of the problem of constructing of the doctrine of civil circulation is noted that the category considered appropriate are some of the basic beginning of the functioning of system of civil circulation. Conclusions: reasonableness and justice are recognized as the beginning of the civil regulation, but their further study should not be limited to the question of principles (beginning) of civil law and should be undertaken with the broader methodological positions - in particular, in the context of doctrine about such significant phenomenon of civil law how is civil circulation.

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Reasonableness, justice, principles of civil law, the beginning of the law, universally accepted norms of civil law, civil circulation

Короткий адрес: https://sciup.org/147202435

IDR: 147202435

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