DIFFERENTIATING OF IMPLEMENTATION OF CIVIL LAW PRINCIPLES IN COURT PRACTICE

Abstract

Objective: to study the mechanism of implementation of the Russian civil law principles in court practice. To achieve it the basic options are revealed for the application of the fundamental principles of civil legislation, and the “analogy of law” model stipulated in the RF Civil Code is criticized Methods: comparative and functional, formal-logical, documentary. Results: the author comes to the conclusion about variations in the courts application of the basic civil legislation principles. Scientific novelty: the author's classification of the civil legislation principles which highlightes the constitutional principles of civil law (courts always refer to them in their decisions), and all other principles set out in Article 1 of the Civil Code (the court refers to them if there is no special law that regulates the relation). Practical value: the conclusion that the absence of a special rule allows the courts to apply the law analogy, or make a decision in accordance with the basic principles of civil legislation.

Keywords

• principle
• the court
• the constitution
• analogy
• freedom
• practice
• blank
• the analogy of the law
• the basic principles of civil legislation
• general regulation
• special norm
• disputable relation