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The article systematizes features of the notion "civil law" which is defined in a wide philosophical-legal and in a narrow positive-juridical meanings. Legal contents of those features is analysed as well.
Persistent link: https://www.econbiz.de/10011111781
The article gives the level-metatheoretical investigation of methodological and organizational issues of the Russian doctrine of the civil law application as a special juridical tenet of the application of law at the present stage and in the concrete-historical retrospect.
Persistent link: https://www.econbiz.de/10011109952
The article considers issues relating to the method of legal relationship as a synthetic special-juridical method. The author describes notion, subject matter and algorithm of the method of legal relationship. Principles, goals and objectives of the method's use, as well as objects which can be...
Persistent link: https://www.econbiz.de/10011112611
The article discloses questions of the classification (characterization, qualification) of civil relationships from the standpoint of concurrence (competition) of civil legal rules subdivided into general and special ones. The necessity to differentiate the notions 'concurrence' and 'conflict'...
Persistent link: https://www.econbiz.de/10011111959
The investigation of the problem of civil law rule structure and the consideration of notions of the hypothesis, solution and sanction are given in this article. The interconnection between the hypothesis of the civil legal rule and the judicial grounds of realizing the civil law consequences,...
Persistent link: https://www.econbiz.de/10011113248
The article deals with analysis of theoretical aspects of the category of “international treaties” from the point of view of their place in the hierarchical structure of the legal system of the Russian Federation and their correlation to the civil legislation. The author describes the...
Persistent link: https://www.econbiz.de/10011113289
The article deals with general questions of the methodology of knowledge of civil-legal phenomena, as objects of the legal reality. The author accentuates a problem of methodology of the application of civil laws, as a special kind of work to organize a cognitive process, detecting regularities...
Persistent link: https://www.econbiz.de/10011113464
This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles...
Persistent link: https://www.econbiz.de/10014129243
Russian Abstract: В статье рассматриваются общие вопросы методологии познания гражданско-правовых феноменов как объектов правовой действительности. Автор делает...
Persistent link: https://www.econbiz.de/10014145591
My goal is to dispel a little of the confusion by giving an introduction to jurisprudence, the part of legal studies that attempts to construct a theory of law—what it is, how it functions, and what it should be. Jurisprudence deals with the history, philosophy, and sociology of the law. Legal...
Persistent link: https://www.econbiz.de/10012953436