Sources of Civil Law

Russian jurisprudence borrowed the concept of "sources of law" in Roman. There are many meanings of this term. But when the sources of civil law are meant, they mean a mandatory form of expression of its norms. Their law enforcement and legal significance depends on whether they are established and recognized by the state. Only in this case they can be used to settle the relationship. When sources of civil law are not formally recognized, their norms are not binding and binding.

In the legal systems of modern developed countries, the main form (that is, source) of law is the laws. They are normative acts that have the highest legal force. And the Soviet legislative system was affected by the absence of market relations. For this reason, normative acts approved by the state were considered to be the only form of civil law.

Together with the country's entry into the world economy, it became necessary to take into account in its legislation and international legal provisions. Thus, the sources of civil law of the Russian Federation should include internationally recognized principles of the international and its norms, as well as those agreements that the Russian Federation concludes with other countries.

In the field of property turnover, custom has always played a role. True, in Soviet jurisprudence, it did not matter the source of any industry, although some references to this can also be found there. The transition to a market economy has revived this concept, which is reflected in the new legislation. In fact, there was another form of civil law. This was due to the increasing use of custom in transactions with property.

It is clear that sources of civil law, other than laws, carry a certain risk. After all, their recognition is not always fixed clearly and formally. In establishing the meaning of the rules for a particular case, arbitrariness of courts and disagreement between interested parties are possible. It is for this reason that the rules of morality and morality can not be included in sources of civil law, despite the fact that many of them still underlie most laws. But since they can be used to clarify certain points by logical interpretation, they need to be made to the maximum as formal and concrete.

In the legislative system of England and America, the main form of law is a judicial precedent. This is a verdict that the court renders in a particular dispute. In Russia, he is not formally included in the sources of civil procedural law. True, sometimes it is still used in the practice of resolving disputes through the court. Precedents on certain issues are published, which determines the conditions and procedure for the application of laws, thereby greatly facilitating their application in resolving disputes.

The civic doctrine, which is an interpretation of the law by scientists, formulated in the form of conclusions, is also not considered a source of law. It is not mandatory. The court can take into account these conclusions, expressed on behalf of the competent, or take them as a basis for amending the laws, but they do not have legal force.

Also, to the sources of law can not be included acts of a local nature or individual, if they do not come from the authorities and do not prescribe binding norms for all.

Often, legal entities establish their own rules, regulations, documents and contracts within corporations. Submission to them can only be voluntary, they are mandatory only for those persons who are part of the organization and agreed to observe them.

Thus, the sources of civil law are only three kinds:

- normative acts, or laws;

- international treaties, including with the participation of Russia;

- customs that are recognized and fixed by law (for example, the custom of business turnover).