Civil contract as an institution of civil law
The article argues that civil law is a branch of law which regulates property and personal non-property relations between individuals and/or legal entities based on the principles of equality, free expression of will and protection of rights and legitimate interests of participants to civil legal re...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2023-12-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
| Subjects: | |
| Online Access: | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/689 |
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| _version_ | 1832548535021600768 |
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| author | O. O. Kolobylina |
| author_facet | O. O. Kolobylina |
| author_sort | O. O. Kolobylina |
| collection | DOAJ |
| description | The article argues that civil law is a branch of law which regulates property and personal non-property relations between individuals and/or legal entities based on the principles of equality, free expression of will and protection of rights and legitimate interests of participants to civil legal relations. Civil law includes rules that establish the basis for the creation, modification and termination of civil relations, as well as determine the procedure for the protection of violated civil rights.
It has been stated that a civil contract as an institution of civil law is a voluntary agreement in which the parties to the contract express a single will aimed at establishing, changing or terminating civil rights and obligations and achieving certain civil law consequences in the appropriate form.
The author identifies the following key features of a civil law contract (agreement): like any contract, it is concluded on a voluntary basis, however, its parties are equal and bear mutual responsibility for non-performance and/or improper performance of their obligations; the contract is personalised; stability of the contract (agreement) terms which remain in force until they are changed by agreement of the parties or until the contract expires in accordance with the stipulated terms; flexibility of terms and conditions, since the parties have the right to determine their own terms and conditions of the contract, in particular, price, terms, scope, etc.; the scope of a civil law contract is broad, and may include issues related to the sale and purchase of goods, services, loans, lease of property, etc.; a civil law contract is an important source of civil law. |
| format | Article |
| id | doaj-art-4640b161ca104a469c68d2763149025e |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2023-12-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-4640b161ca104a469c68d2763149025e2025-02-03T06:13:50ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2023-12-011034747910.32631/v.2023.4.06689Civil contract as an institution of civil lawO. O. Kolobylina0Kharkiv National University of Internal Affairs, Sumy BranchThe article argues that civil law is a branch of law which regulates property and personal non-property relations between individuals and/or legal entities based on the principles of equality, free expression of will and protection of rights and legitimate interests of participants to civil legal relations. Civil law includes rules that establish the basis for the creation, modification and termination of civil relations, as well as determine the procedure for the protection of violated civil rights. It has been stated that a civil contract as an institution of civil law is a voluntary agreement in which the parties to the contract express a single will aimed at establishing, changing or terminating civil rights and obligations and achieving certain civil law consequences in the appropriate form. The author identifies the following key features of a civil law contract (agreement): like any contract, it is concluded on a voluntary basis, however, its parties are equal and bear mutual responsibility for non-performance and/or improper performance of their obligations; the contract is personalised; stability of the contract (agreement) terms which remain in force until they are changed by agreement of the parties or until the contract expires in accordance with the stipulated terms; flexibility of terms and conditions, since the parties have the right to determine their own terms and conditions of the contract, in particular, price, terms, scope, etc.; the scope of a civil law contract is broad, and may include issues related to the sale and purchase of goods, services, loans, lease of property, etc.; a civil law contract is an important source of civil law.https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/689civil law transactioncivil lawinstitutiontermslegislation. |
| spellingShingle | O. O. Kolobylina Civil contract as an institution of civil law Bulletin of Kharkiv National University of Internal Affairs civil law transaction civil law institution terms legislation. |
| title | Civil contract as an institution of civil law |
| title_full | Civil contract as an institution of civil law |
| title_fullStr | Civil contract as an institution of civil law |
| title_full_unstemmed | Civil contract as an institution of civil law |
| title_short | Civil contract as an institution of civil law |
| title_sort | civil contract as an institution of civil law |
| topic | civil law transaction civil law institution terms legislation. |
| url | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/689 |
| work_keys_str_mv | AT ookolobylina civilcontractasaninstitutionofcivillaw |