2013Unpublished venueRequires access

About the Nature of Legal Construction of Civil Law and its Discipline Particularity

Bataykin Pavel Aleksandrovich

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Abstract

Aim: to reveal the nature of legal construction in civil law. Approaches: The general methodology is based on general scientific (dialectical) method of legal reality perception, which made it possible to consider the problematic of legal construction in civil law. The private scientific methods of perception such as formal -legal, comparative legal, logic methods were used in the course of the research. Results: The nature of legal construction in civil law was educed by means of legal construction's discipline particularities' analyze. The unity and the differentiation of legal construction in civil law and the construction of other discipline accessory are revealed on the example of contact's legal construction. Academic novelty: In the article the author's definition on legal construction in civil law is given, its discipline characteristics are identified. Practical significance: Given theoretical conditions can be used in the work of rule-making bodies in the improvement of acting legislation's norms, for the expertise of regulatory acts with a view to find out the collisions, in educational process in the framework of teaching the course on Civil law.

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What this paper is about

Aim: to reveal the nature of legal construction in civil law. Approaches: The general methodology is based on general scientific (dialectical) method of legal reality perception, which made it possible to consider the problematic of legal construction in civil law. The private scientific methods of perception such as formal -legal, comparative legal, logic methods were used in the course of the research. Results: The nature of legal construction in civil law was educed by means of legal construction's discipline particularities' analyze. The unity and the differentiation of legal construction in civil law and the construction of other discipline accessory are revealed on the example of contact's legal construction. Academic novelty: In the article the author's definition on legal construction in civil law is given, its discipline characteristics are identified. Practical significance: Given theoretical conditions can be used in the work of rule-making bodies in the improvement of acting legislation's norms, for the expertise of regulatory acts with a view to find out the collisions, in educational process in the framework of teaching the course on Civil law.

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Available abstract

Aim: to reveal the nature of legal construction in civil law. Approaches: The general methodology is based on general scientific (dialectical) method of legal reality perception, which made it possible to consider the problematic of legal construction in civil law. The private scientific methods of perception such as formal -legal, comparative legal, logic methods were used in the course of the research. Results: The nature of legal construction in civil law was educed by means of legal construction's discipline particularities' analyze. The unity and the differentiation of legal construction in civil law and the construction of other discipline accessory are revealed on the example of contact's legal construction. Academic novelty: In the article the author's definition on legal construction in civil law is given, its discipline characteristics are identified. Practical significance: Given theoretical conditions can be used in the work of rule-making bodies in the improvement of acting legislation's norms, for the expertise of regulatory acts with a view to find out the collisions, in educational process in the framework of teaching the course on Civil law.

Key concepts: Civil law (Civil law), Law, Legal profession, Legal research, Philosophy of law, Empirical legal studies, Legal realism, Private law

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