TWO METHODOLOGICAL APPROACHES TO THE STUDY OF THE LEGAL CONTENT OF THE PROVISIONS OF CIVIL LEGISLATION

Abstract

The article analyzes the existing approaches to the study and identification of the legal content of the provisions of civil legislation. It is stated that the prevailing approach cannot be called methodological at all, since it is based on intuition and does not involve the use of any methodological tools. This approach dominates the practice of applying the provisions of civil legislation in Russia. Dissatisfaction with this approach to the study and identification of the legal content of the provisions of civil legislation acts has led to attempts to use the concept of reflexive action of law for this purpose. Without denying the meaning of this concept as a methodological tool for the knowledge of law, the author proves that this tool is unsuitable for the study and identification of the legal content of the provisions of civil legislation. The only methodological tools suitable for this purpose were developed at the turn of the XIX – XX centuries by E. V. Vaskovsky. More than 100 years later, it was improved and adapted to the changed conditions