对民事法律合同规制概念问题的探讨

A. Alimgafarova
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引用次数: 0

摘要

介绍。近代义务法发展的一个重要趋势是契约关系自我调节范围的扩大、民法处置权推定的确立、契约自由原则的拓展,这就产生了对民法契约调节概念进行科学研究的需要。目的。本研究的目的是确定民事合同规制的真正性质,并发展自己对上述术语的定义。方法。在进行这项研究时,使用了各种一般科学和特殊的认知方法。与此同时,辩证法、系统分析法和目的论方法成为研究的关键。结果。通过对与本研究直接相关的法律类别进行一致而系统的分析,我们得出了自己的定义:民法契约规制是由民法主体通过他们之间订立的民事合同实施的一种民法规制,既包括当事人在合同内容中包含的法律规则,也包括当事人创造的个别规则(微规范)。结论。民事法律合同规制的概念具有科学和实用价值,因为它使我们能够在制度范畴层面研究合同的规制属性,从动态的一面揭示合同作为当事人自身依法规制财产和其他相互关系的有效手段。本研究中发展起来的“民事法律契约规制”概念可以用于进一步发展法律工具理论,特别是用于随后对合同规制本质的研究。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
TO THE QUESTION OF THE CONCEPT OF CIVIL LEGAL CONTRACTUAL REGULATION
Introduction. One of the most important trends in the development of law of obligations in the modern period is the expansion of the scope of self-regulation of contractual relations, the establishment of the presumption of the dispositiveness of civil law, the expansion of the principle of freedom of contract, which in turn has created the need for scientific research on the concept of civil law contractual regulation. Purpose. The purpose of this study is to identify the true nature of civil contractual regulation and to develop their own definition of the above term. Methodology. In carrying out this study, various general scientific and special methods of cognition were used. At the same time, the dialectic method, the system analysis method and the teleological approach became the key ones. Results. As a result of a consistent and systematic analysis of legal categories directly related to the study, we developed our own definition: civil legal contractual regulation is a type of civil legal regulation carried out by subjects of civil law through civil contracts concluded between them, and including both the rules of law included by the parties in the content of the contract, and the individual rules created by the parties (micronorms). Conclusion. The concept of civil legal contractual regulation has scientific and practical value, because it allows you to study the regulatory properties of the contract at the system-categorical level, to reveal the contract from the dynamic side as an effective means by which the parties themselves legally regulate property and other relations between themselves. The concept of «civil legal contractual regulation» developed in this study can be used to further develop the instrumental theory of law, and, in particular, for the subsequent study of the regulatory essence of the contract.
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