Vladimir Gavrilov, Nikita Prokhorov, Arslan Shakhnavazov
Some Principles of Civil and Family Law under the Legislation of Slovakia and Russia
Číslo: 12/2019
Periodikum: Path of Science
DOI: 10.22178/pos.53-1
Klíčová slova: Slovakia; Russia; principle; private law
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Anotace:
In the modern science of civil law, the role of comparative legal analysis of the principles of various states is undeniable. The main task of comparative legal research is to obtain profound knowledge about the principles of civil and family law of different legal systems. In this work the basic comparison of principles will be carried out according to the civil legislation of two countries: Slovakia and Russia, because both of these countries are former members of the socialist bloc and have much in common, but Slovak legislation is known for its unique combination of respect for the established traditions of Slovak law and following the guideline of the legal doctrines of the European Union.
The authors considered such principles as: equality of the legal regime for all subjects of civil legal relations; individual autonomy (or the principle of freedom of contract); prohibition of abuse of subjective rights; justice and the principle of stability of private law. For the most complete disclosure and analysis of the interaction, the following issues were raised: the essence of the principles, their possible relationship with other foundations of civil law, the role of judicial practice and the opinion of legislators regarding the application and interpretation of these principles. As a result of the analysis, the authors concluded that the guiding foundations of the civil law of the above-mentioned countries coincide, or have their own “analogues” in the legislation of another country. Also, the system of principles of the civil law of the Slovak Republic contains such principles that are only fragmentarily disclosed as principles in the civil legislation of the Russian Federation.
The authors also noted that the judicial practice of using the principles has a certain influence on the application and interpretation of both the principles of Slovakia and Russia. The result of this comparative legal study may be useful for the theory of civil law, and also demonstrates the interaction of the civilistic principles of Slovakia and Russia.
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The authors considered such principles as: equality of the legal regime for all subjects of civil legal relations; individual autonomy (or the principle of freedom of contract); prohibition of abuse of subjective rights; justice and the principle of stability of private law. For the most complete disclosure and analysis of the interaction, the following issues were raised: the essence of the principles, their possible relationship with other foundations of civil law, the role of judicial practice and the opinion of legislators regarding the application and interpretation of these principles. As a result of the analysis, the authors concluded that the guiding foundations of the civil law of the above-mentioned countries coincide, or have their own “analogues” in the legislation of another country. Also, the system of principles of the civil law of the Slovak Republic contains such principles that are only fragmentarily disclosed as principles in the civil legislation of the Russian Federation.
The authors also noted that the judicial practice of using the principles has a certain influence on the application and interpretation of both the principles of Slovakia and Russia. The result of this comparative legal study may be useful for the theory of civil law, and also demonstrates the interaction of the civilistic principles of Slovakia and Russia.