ON THE ISSUE OF THE ESSENCE OF A CIVIL CONTRACT AND CONTRACT LAW

Author(s): Samorodov D.A.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2023-1-35-42

Release: 2023-1 (36)

Pages: 35-42

Keywords: civil law contract, legal fact, essential conditions, civil law, contract law, sub-branch of law, legal institution

Annotation: The article is devoted to the analysis of the essence of a civil contract as the main legal fact that generates property relations, as well as the place of contract law in the Russian legal system. The article considers the emergence of legal norms on contracts in domestic law, their evolution, the types of contracts provided for by the norms of Russian law at various stages of its development (Russkaya Pravda, Codes of Laws, the Code of Laws of the Russian Empire, the civil legislation of the USSR), as well as the place of the contract in the system of legal facts that generate, modify and terminate civil legal relations on at the present stage of development of domestic law. The views of legal scholars on the role and place of contracts in the system of legal facts are analyzed, a comparative characteristic of a civil law contract and other types of contracts, the conclusion of which is provided for by legal norms, is presented. The conclusion is made about the correlation of the concepts of “civil law” and “contract law” at the present stage of development of the Russian legal system.

Bibliography: Samorodov D.A. ON THE ISSUE OF THE ESSENCE OF A CIVIL CONTRACT AND CONTRACT LAW // Journal of Legal Sciences. – 2023. – № 1 (31). – С. 35-42. doi: 10.21777/2587-9472-2023-1-35-42