Article | Civil Contract as a Regulator of Social Relations |
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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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