The meaning of the legislation as a phenomenon of the modern civil rights

Автор: Komissarov I.M.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское, семейное и предпринимательское право

Статья в выпуске: 1, 2019 года.

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The legislative concept “sense of the legislation” reflecting in its’ content regularities of structuring the normative text of civil law and internal logic of his statement is researched. The author considers this concept as official in which the will of the legislator is embodied. At the same time the author expands borders of its application, against the gaps which are habitually established for overcoming in law, claiming that the sense of the legislation is a basis of legal thinking and legal knowledge, the support on it promotes improvement of judicial practice, assuming its compliance not only to the concrete legal instruction, but also inevitable accounting of all legislative regularities. The sense of the legislation is also that legislative value of current jurisprudence which is capable to act as means of further legislative development and all legal knowledge in general.

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Sense, law and legislation, legal values, gaps in law, the main beginnings of law, law enforcement, logical designing

Короткий адрес: https://sciup.org/147230039

IDR: 147230039   |   DOI: 10.17072/2619-0648-2019-1-68-79

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