THE CIVIL LAW NORM AS A UNIVERSALLY BINDING RULE OF CONDUCT, AS INFORMATION AND THE RESULT OF CREATIVILY
Journal Title: Вісник Національної академії правових наук України - Year 2018, Vol 1, Issue 2
Abstract
The civil law norm is considered in theory primarily as a universally binding, formally defined rule of conduct. At the same time, the civil law norm has its own specifics, which is explained by the peculiarities of the subject, method, forms, principles of civil law and other factors. The main goal of the work is to formulate our own conclusions about the peculiarities of the civil law norm as a generally binding rule of conduct, both information and the result of creativity on the basis of analysis of general theoretical provisions on the civil law norm, as well as features and peculiarities of information objects of law and objects of intellectual and creative activity. The author proves that features are inherent in the civil law norm and as a specific information object, and as an object of creativity. At the same time, the content of the legal norm should correspond to all the signs of qualitative information: to be reliable, complete, up-to-date, and so on. Later, after the official adoption of the legislative act, the rule of law is transformed from an object of copyright into an open (or with a certain access mode) information and distributed, used as an information object – without restrictions, or with restrictions that correspond to its access mode. The described process, if carried out creatively and qualitatively, can guarantee the formation of a civil law norm as a truly binding formally defined rule of conduct, is embodied in a legislative prescription and meets all the requirements of civil law, serves the benefit and in the interests of all participants in civil legal relations.
Authors and Affiliations
Оlena Kokhanovska
Keywords
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- EP ID EP496133
- DOI 10.31359/1993-0909-2018-25-2-142
- Views 178
- Downloads 0
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