Abstract
Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.
Highlights
Implementation of the idea of social cooperation within the framework of private law relations is a problem of interest to legal theory and practice in many states, including those of continental Europe and Russia
Our paper deals with the problem of implementation of the cooperation principle in civil law relations other than contractual
To achieve the specified purpose, we studied contractual, pre-contractual, protective legal relations, and legal relations in rem through the prism of division of civil law relations into relative and absolute ones
Summary
Implementation of the idea of social cooperation within the framework of private law relations is a problem of interest to legal theory and practice in many states, including those of continental Europe and Russia. Despite the recognition of the good faith principle as having general legal significance, the CCF, even in its new wording, enshrines it only in the rules addressed to the parties to contractual and, in some cases, pre-contractual legal relations This means that the duty to cooperate is still regarded by the French as an attribute of contractual law. В немецкой правовой доктрине обязанности по сотрудничеству, основой для которых стал принцип доброй совести (Treu und Glauben), включаются в содержание договорного правоотношения в качестве групп дополнительных (вспомогательных) обязанностей, как связанных, так и не связанных с предметом обязательства [13]. В таких договорах целью взаимодействия субъектов права является цель конкретного договора (например, возмездно передать вещь из собстcontractual legal relations, as we noted earlier, has repeatedly been the focus of research, the implementation of the cooperation principle in contractual legal relations is a rather well-studied (the only studied) aspect of the concept of cooperation between persons at private law. Relation in rem to provide each other with the necessary assistance (mutual assistance) with the aim of achieving the purpose of the absolute legal relation in rem – ensuring the dominion over the thing for the holder of the right, these duties arising from the good faith principle but having independent positivization in the content of the cooperation principle
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