ON THE ESSENCE OF JURIDICAL CONSTRUCTION OF CIVIL LAW AND ITS BRANCH PECULIARITY

Abstract

Objective: to reveal the essence of juridical construction in the civil law. Methods: the general methodological basis was formed by the general scientific (dialectic) method of cognition of the juridical reality, enabling to view the problems of juridical constructions of the civil-legal branch. During the research we also used the private scientific methods of cognition, such as formal-juridical, comparative-legal, and logical. Results: by analysis of the branch peculiarities of the juridical construction, its essence in civil law was revealed. On the example of a treaty juridical construction, the unity and differentiation of the civil law juridical construction was shown, as well as of the juridical construction of a different branch. Scientific novelty: the author’s definition of the civil law juridical construction is proposed, its branch features are revealed. Practical value: the theoretical provisions formulated in the article can be used in the work of law-making bodies to improve the existing legal norms; for carrying out the expertise of normative legal acts with a view of revealing collisions; in the educational process for teaching the “Civil Law” course.

Keywords

• civil law
• juridical constructions
• civil-law constructions
• civil-law treaty