Theoretical and legal characteristics of the civil law principles

It has been noted that the purpose of the principles of law is to ensure a uniform formulation of legal norms and their impact on social relations in the form of legal regulation and other forms of legal influence. They identify ways to improve legal provisions and act as guiding ideas for legislato...

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Main Author: О. О. Kolobylina
Format: Article
Language:Ukrainian
Published: Kharkiv National University of Internal Affairs 2023-07-01
Series:Bulletin of Kharkiv National University of Internal Affairs
Subjects:
Online Access:http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/601
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author О. О. Kolobylina
author_facet О. О. Kolobylina
author_sort О. О. Kolobylina
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description It has been noted that the purpose of the principles of law is to ensure a uniform formulation of legal norms and their impact on social relations in the form of legal regulation and other forms of legal influence. They identify ways to improve legal provisions and act as guiding ideas for legislators. When enshrined in legal acts, principles ensure the unity of the processes of creating, implementing and protecting law. It has been proved that the principles of civil law are best understood as the starting points, the basic ideas underlying the formation, functioning and further development of the relevant branch of law. They create and provide the ideological basis for the development and proper regulation of social relations which are the subject matter of the civil branch of law. It has been argued that the list of principles enshrined in the Civil Code of Ukraine is not exhaustive, but is supplemented by the following principles: good faith and good intentions; enforcement of obligations; protection of property rights; protection of the right to inviolability of the person; freedom of will; equality and equality of the parties to a civil contract (agreement); compliance with contractual obligations; economic freedom; and recognition of legal capacity.
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spelling doaj.art-f9cb1a3994bf44158eb0b9d4922fe38a2025-02-03T02:47:49ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2023-07-011012 (Part 2)303510.32631/v.2023.2.34601Theoretical and legal characteristics of the civil law principlesО. О. Kolobylina0Kharkiv National University of Internal AffairsIt has been noted that the purpose of the principles of law is to ensure a uniform formulation of legal norms and their impact on social relations in the form of legal regulation and other forms of legal influence. They identify ways to improve legal provisions and act as guiding ideas for legislators. When enshrined in legal acts, principles ensure the unity of the processes of creating, implementing and protecting law. It has been proved that the principles of civil law are best understood as the starting points, the basic ideas underlying the formation, functioning and further development of the relevant branch of law. They create and provide the ideological basis for the development and proper regulation of social relations which are the subject matter of the civil branch of law. It has been argued that the list of principles enshrined in the Civil Code of Ukraine is not exhaustive, but is supplemented by the following principles: good faith and good intentions; enforcement of obligations; protection of property rights; protection of the right to inviolability of the person; freedom of will; equality and equality of the parties to a civil contract (agreement); compliance with contractual obligations; economic freedom; and recognition of legal capacity.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/601principlesprinciples of lawprinciples of civil lawcivil legislation.
spellingShingle О. О. Kolobylina
Theoretical and legal characteristics of the civil law principles
Bulletin of Kharkiv National University of Internal Affairs
principles
principles of law
principles of civil law
civil legislation.
title Theoretical and legal characteristics of the civil law principles
title_full Theoretical and legal characteristics of the civil law principles
title_fullStr Theoretical and legal characteristics of the civil law principles
title_full_unstemmed Theoretical and legal characteristics of the civil law principles
title_short Theoretical and legal characteristics of the civil law principles
title_sort theoretical and legal characteristics of the civil law principles
topic principles
principles of law
principles of civil law
civil legislation.
url http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/601
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