BEHAVIORAL STANDARDS IN THE SYSTEM OF PRIVATE LAW RELATIONS

Abstract

Introduction: the article discusses the formation of behavioral standards, ways of their implementation, and their effect on the structure of legal relations. Behavior, inextricably linked with a legal relationship participant’s psycho-emotional component, becomes the basis for the external and internal differentiation of legal relations, in which the behavioral factor is subject to legal characterization in various aspects. In the consideration of private law disputes, characterization of behavior often predetermines the emergence of special legal principles, including reasonableness, prudence, due care. Purpose: to identify the influence of behavior and subjective perception of participants in legal relations on the differentiation of legal relations as well as on their relationship with the principles of private law, to determine the points of interdependence. Methods: deduction and induction; empirical methods of comparison, interpretation, and other general scientific methods; special scientific methods: historical, comparative legal methods, system analysis. Results: the analysis of judicial practice and scientific research works showed the need to determine the nature the behavior of the participants in a legal relationship through the prism of identifying and characterizing the elements of the subjective factor. Chaotic approaches, indicating the absence of a generally recognized understanding of the priority of the principles of law, methods of assessment and a mechanism for taking into account the behavioral component as well as the forms of their influence on civil legal relations, hinder the formation of uniform judicial positions, which, in turn, significantly reduces the effectiveness of the protection of violated and contested rights of individuals and legal entities and negatively affects the stability and development of civil circulation. Conclusions: the article proposes a new approach to determining the nature of the actions of participants in civil legal relations through the prism of standards of conduct that embody the concept of ‘behavior of the good party’ (‘correct behavior’), according to which a legal rule, with the use of various methods of legal technique, forms a certain ‘correct’ (‘ideal’) model of behavior, deviation from which is considered to be a potential ground for bringing the person to responsibility. The paper shows the influence of behavioral standards on the differentiation of legal relations, identifies essential interrelations with legal principles.