Проблеми Законності (Dec 2019)
The eesence and methods of classification of contracts
Abstract
In the article on the basis of analysis of Ukrainian legislation and doctrinal sources are considered issues of classification of civil law contracts. The article analyzes a number of aspects of legal regulation and determination of certain theoretical and practical issues of classification of civil law contracts, designation of approaches to determination of contract classification criteria and explores the problems of application of certain methods of contract classification. There can be no doubt that economic life objectively involves the need of society in some methods and ways of organizing and determining relationships between individuals. The most important and universal legal construction which satisfies that need is a contract: contract is prerequisite for functioning of private relationships. Aforementioned causes necessity in legal researches in the sphere of classification of civil law contracts. Such scientific studies can serve as a fundament for development of legislation and provide the great support in filling the gaps in existing law. Special attention is paid to the legal classification of contracts determined by Civil code of Ukraine. In article is emphasized that doctrine is not unified in questions related to the grounds for the classification of contracts and thus different approaches to such classification are analyzed. Two major methods of classification of contracts are distinguished. The dichotomy of division constitutes the essence of the first method of classification. The drawback is, however, that this way of categorization does not cover all existing types of contracts. According to the second method, contracts are divided into different groups, but there exist no uniform criterion for the classification. This article therefore contains accurate exploration of logical consistency of criteria used for classification of contracts and practical importance of different ways to categorize civil law contracts.
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