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Article Civil Contract as a Regulator of Social Relations
Authors
Sibilov M.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2 / 2014
Pages 34 - 44
Annotation This article analyzes the change of the role of civil contracts in the regulation of civil relations. During the Soviet law the contract wasn't recognized as a regulator of social relations. It was given only the role of a legal fact in the legal regulation mechanism, which was public (external). Development and adoption of the valid Civil Code of Ukraine as a code of private law significantly changed the role of the contract. Analysis of the norms on correlation of the legislative acts and contract provided by Art. 6 of the Civil Code of Ukraine indicates that the contract is recognized as a regulator of civil relations in the contract law. This is an internal regulation (self-regulation), which is considered as a form of embodiment of the principle of freedom of contract in reality. The author covered the limits for self-regulation of contractual (legally qualified) relationship.
Keywords contract, legal fact, external regulation, social regulator, self-regulation.
References
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