Article | Sources of Civil Law in Ukraine: the Concept, System, Types |
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Authors |
Maydanyk R.
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 5 / 2013 |
Pages | 294 - 309 |
Annotation | The characteristics and the definition of the sources of civil law in Ukraine are considers. It is presented for the feasibility of the expansion normativity sources understanding of civil law as binding rules of conduct legally binding for an indefinite or individually at an audience. Normativity source of civil law is seen not by repetition of the rules set forth therein and in their depersonification adressies, namely the establishment of rules, that is, the type and measure of appropriate behavior regardless on a one-time or reusable using konkretizing or non-specific entities it is calculated. Substantiates the notion of a source of civil law as objectified forms of expression and consolidation of civil law and common individual action through public (external) and internal control (self-regulation), the participants of their civil relations. Investigated the system and the classification of the sources of civil law. In their interpretation of the system of civil law sources are primary and secondary sources of civil law. The primary (basic) sources of law are civil law, legal contract, legal practices, the principles of civil law, the moral fabric of society. Secondary (derivatives) are the sources of the civil rights case law (national and international judicial decisions) and sources of internal control (self-regulation) civil relations of parties — civil contract, unilateral contract, the local civil act. |
Keywords | sources of law, the system of classification and sources of civil law; primary (basic) and derivatives (secondary) sources of civil law, civil contract as a source of law, the moral foundations of a civil law. |
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