THE ESSENCE OF THE CATEGORY «DISCRETION» IN PRIVATE LAW

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THE ESSENCE OF THE CATEGORY «DISCRETION» IN PRIVATE LAW

Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue

Abstract

The article deals with the essence of the category «discretion» in private law. The article reveals the properties that are inherent in «discretion» in private law. The article investigates the situation of a person’s free discretion in the Civil Codes of some European countries. Providing subject at a greater discretion contributes to improving the quality and effectiveness of legal regulation. It is established that discretion is the mental activity of an individual, which is accompanied by an assessment and comparison, therefore discretion does not arise, but is formed. The article investigates the situation of a person’s free discretion in the Civil Codes of some European countries. An authorized person exercises his civil right freely, at his own discretion, that is, he decides whether to exercise or not exercise the right which belongs to him, while determining the time period, the procedure, the nature of the actions that are being performed by him for the exercise of his right. She decides whether to deny her rights. Free expression of a person for entering into contractual relations; freedom of choice of the parties to the contract; the right of the parties to conclude contracts as foreseen by law, as well as contracts which are not provided by law, but do not contradict it, are covered by the freedom to enter into an agreement, and, accordingly, presupposes a person’s discretion.

Authors and Affiliations

Богдан Володимирович Фасій

Keywords

EP ID EP602205
DOI -
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