The treaty as a legal construction

О. М. Коморний
2016 Theory and practice of jurisprudence  
Problem setting. Today the contract remains the most flexible legal form (design) which can опосредствовать the public relations diversified in effect. The contract as the tool of legal regulation along with traditional application in private law sphere, in modern conditions is applied and in public law sphere (publicly legal contract). In this connection there is a requirement to investigate the contract as a universal legal design. Recent research and publications analysis. Problems
more » ... l jural relations were recently an object of research of many authors, such as S.Alekseev, V. Bernaz, O. Dobrovolsky, V. Ivanov, J. Merkulov, V. Milash, M. Nekrasov, S. Podoljak, B. Puginsky, J. Serkova, I. Spasibo-Fateeva, J. Tikhomirov, O. Halabudenko, Z. Yudin, L. Javich etc., however for today this question nevertheless should be defined as scantily explored in a context of the system approach to the contract and its legal designs that causes an urgency of this article both in theoretical, and in practical aspects. Paper objective. The purpose of given article is consideration of a contractual design and carrying out of the analysis of scientific views on the given problematics. Paper main body. A term «legal construction» is one of the most widespread and actively used in researches legists. Thus a concept and essence of legal constructions are examined by authors from different positions, often for him inlay different sense, however an idea about importance of this resource of legal technique 2 gathers often, that testifies to actuality of comprehensive analysis of legal constructions, going out the specific of mechanism of adjusting of separate institutes of right. Composition and description of ingredients of construction of contract are thus important not only: taking into account system character of legal construction, impermissible to disengage oneself from the questions of intercommunication between these ingredients, that often results in unbalance of rights, promises and responsibility. The variety of contrac [...]
doi:10.21564/2225-6555.2014.2.63128 doaj:603b75dfa33d483490f285b87dd733ba fatcat:lyjkiw6wknespe5a52pxd2raru