DISPOSITIVE AS A BASIC CATEGORY OF PRIVATE LAW
Journal Title: Право і суспільство - Year 2017, Vol 6, Issue 1
Abstract
The article considers the essence of “dispositivity” category in private law. The paper makes a conclusion that the notion of legal freedom is basic for dispositivity, which is, firstly, reflected by a subject’s ability to choose behavior pattern and, secondly, in the definition of legal relation content, i.e. own rights and duties. Dispositivity becomes a principle of civil law revealing at the level of dispositivity norms, embodying into dispositive method of civil law regulation. The triad principlemethod-norm in its unity forms dispositive legal mechanism of the whole private law.
Authors and Affiliations
О. Є. Кухарєв
Keywords
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