CONCEPT OF THE CIVIL CONTRACT: CLASSICAL, INSTRUMENTAL AND INTEGRATIVE APPROACHES
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The concept of the civil contract from positions of classical, instrumental and integrative approaches is investi- gated in the article. The attention is focused that the contract is one of the main legal means of which civil regulation is carried out as the contract allows aligning interests of participants of civil law relationship which are based on equality of the parties. There is defined the contract role as legal form of the mediation relations of the civil circulation. It is proved that the contract, acting as the transaction (the legal fact), as legal relationship and as the regulator of the public relations, performs different functions that inherent in him as to a certain legal means, and therefore the combination in one determination of several aspects of the contract is unjustified. When the contract acts as the transaction, it performs function of the legal fact which is the basis of emergence of legal relationship. When the contract acts as legal relationship, it performs function of a legal form by means of what subjects of civil law achieve definite legal purposes. And if the contract is considered as the regulator of the public relations, then it is obvious that it is legal means by means of which in civil law self-regulation of the horizontal relations between legally equal subjects of civil law is carried out. However there is a need for development of the new theory of the civil contract which will answer current trends of transformation of private law in the conditions of globalization.
Authors and Affiliations
Семен Васильович Резніченко
Keywords
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