The regulatory function of civil law
Автор: Ibragimova S.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское и предпринимательское право
Статья в выпуске: 4 (34), 2016 года.
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Introduction: the article is devoted to research into the regulatory function of civil law. Functions of the law, its subject, method and principles form the basis for studying the branch of law and its key features. Civil law performs both regulatory and protective functions. The regulatory function plays a major role in the impact of civil law on social relations. Purpose: to give an insight into the regulatory function of civil law on the basis of the analysis of scientific papers and reports. Methods: empirical methods of comparison, description, and interpretation, theoretical methods of formal logic and dialectics have been used. Results: the regulatory function of civil law is aimed at meeting objectives of civil law as a branch of law by means of establishing unambiguous property and personal non-property relations based on equality, autonomy of will and property independence of parties, as well as by means of ensuring a good balance of private interests existing in society and also by providing conditions for active engagement of entities in the production and consumption of material benefits, etc. Conclusions: the regulatory function of civil law is determined by regulations which protect the existing positive property and non-property social relations based on equality, autonomy of will and property independence of parties, and provide conditions for the development and spread of these relations. The law does not protect negative relations that exist in the private sector. Civil-law mechanisms are provided to ensure that negative relations are restricted and eliminated. The impact of civil law should be provided timely and contribute to the establishment of new positive relations resulting from achievements in science and technology and social development.
Regulatory function of civil law, property and non-property relations, private interests
Короткий адрес: https://sciup.org/147202579
IDR: 147202579 | DOI: 10.17072/1995-4190-2016-34-413-417