Law Journal of the National Academy of Internal Affairs

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Vol. 8, No. 2, 2018
  • civil law; principles; attributes; legal system; legal norms; social relations.
  • Pages 68-77

The purpose of this article is to identify the characteristic features of the principles of civil law. The views of domestic and foreign scholars on the features of the principles of civil law are considered. An analysis of their work is carried out and an own assessment of the conclusions formulated in them is provided. It is established that the content, essence, composition of the principles of civil law depends on what tasks are for him priority in the corresponding historical period, since in the law can be realized only such ideas that do not contradict the development of society in a particular period. It is determined that the principles are stable and stable only to the extent that these are the economic and political laws that underlie them. The change of the latter, as a rule, has the result of a change in the legal principles governing the relevant social relations. In the case of radical, revolutionary transformations in society and the legal system, the principles of civil law can be revised in terms of their composition and content in the new conditions. In the course of evolutionary development of the legal system, the principles can be updated, filled with new content. It is concluded that the signs of the principles of civil law are that they: firstly, express the basic principles of civil law, which determine the further development of civil law, unite its norms; and secondly, they are universal, since they affect all civil norms, which need to be taken into account in every legal process; Thirdly, they are objective, that is, they correspond to the character of social relations caused by the development of the stateʼs economy, depending on the tasks that are priority in the relevant historical period; Fourthly, they are stable, since the change of any principle of civil law threatens the harmony, stability, development of all civil law; fifth, are mobile (dynamic).

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