دورية أكاديمية
On the problem of the 'unnamed' in civil law
| العنوان: | On the problem of the 'unnamed' in civil law |
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| المؤلفون: | S.I. Suslovа |
| المصدر: | Učënye Zapiski Kazanskogo Universiteta: Seriâ Gumanitarnye Nauki, Vol 160, Iss 2, Pp 404-414 (2018) |
| بيانات النشر: | Kazan Federal University, 2018. |
| سنة النشر: | 2018 |
| المجموعة: | LCC:History of scholarship and learning. The humanities |
| مصطلحات موضوعية: | unnamed, gap in law, analogy of law, analogy of right, qualified silence, History of scholarship and learning. The humanities, AZ20-999 |
| الوصف: | The paper considers the problem of understanding the “unnamed” in civil law, various approaches to it in accordance with the definition in legislation and civil doctrine. Examples have been given to show how the number of cases of application of the term increases in the legal literature. It has been suggested to distinguish between the concepts of “gap in law” and “unnamed”. It has been argued that they should be considered through the prism of such philosophical categories as “cause” and “consequence”. The phenomenon of qualified silence of the legislator and its relationship with the concept of “gap in law” have been analyzed. In the legal literature, the basis for their distinction is laid in the intention of the legislator. This criterion is subjective. Accordingly, a “gap in law” arises in the event of omission of the legislator, and qualified silence arises when there is a targeted law-making policy. It has been proposed to abandon the subjective criterion and the characteristics of the gap in law from the position of a positive or negative phenomenon. The “gap in law” is an objective category indicating that there is no provision in the law that would directly regulate the relationship that has arisen. Subjective and objective points matter when interpreting the rights and responding to the established paths and determining the ways to eliminate them. The choice of the directly fixed, allowable, alternative, and forbidden “unnamed” has been justified. |
| نوع الوثيقة: | article |
| وصف الملف: | electronic resource |
| اللغة: | Russian |
| تدمد: | 2541-7738 2500-2171 |
| Relation: | https://kpfu.ru/on-the-problem-of-the-39unnamed39-in-civil-law-434645.html; https://doaj.org/toc/2541-7738; https://doaj.org/toc/2500-2171 |
| URL الوصول: | https://doaj.org/article/34c29f46222e4b3cae76a6b7d5ca3d9b |
| رقم الأكسشن: | edsdoj.34c29f46222e4b3cae76a6b7d5ca3d9b |
| قاعدة البيانات: | Directory of Open Access Journals |
Full Text Finder | تدمد: | 25417738 25002171 |
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