Year: 2023
Type: article
Abstract: Aim. To identify the role and influence of mandatory norms on the regulation of civil turnover. To form the concept of the reasonableness of the presumption of the dispositivity of private law. Methodology. The main content of the study is the analysis of judicial practice on the application of mandatory norms of civil legislation, their impact on judicial law-making. The analysis of researchers’ views on the nature of imperative norms and their compliance with the contract is given. Results. The analysis has shown that the courts do not always apply the mandatory rules in force at the time of conclusion of the contract between the parties, especially in cases where it seems unfair. Research implications. Directions for further study of the problem are proposed. Proposals for improving the current legislation are formulated.
Source: Moscow Juridical Journal
Author: A. Dashko
Institution: Moscow Witte University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4366396165