МОДАЛЬНОСТЬ И СРАВНЕНИЕ КОНТИНЕНТАЛЬНОЙ И АНГЛОСАКСОНСКОЙ МОДЕЛЕЙ ПОСТРОЕНИЯ ГОСУДАРСТВЕННОГО РЕГУЛИРОВАНИЯ ГРАЖДАНСКИХ ОТНОШЕНИЙ

Abstract

There were disclosed the main features of the formation of the modern domestic republican model of state regulation of civil relations. It was concluded that the modern system of state regulation of civil relations, reflected in domestic legislation, has pronounced features of a continental legal family. It was made the analysis of the distinctive characteristics of the civil law relations regulating in the continental and Anglo-Saxon legal systems. The general features and differences in the construction of a system of civil relations and it’s state regulating in were investigated. It was established that for domestic practice of civil relations state regulating, the most utilitarian features of the continental legal system are: codification of legislation, separation of individual institutions in civil law, separation of the categories “property” (characteristic of things) and “ownership” (characteristic of the process). There were disclosed the main aspects of utilitarianism and the value of judicial precedent as an element of the civil relations regulating. It was proved the value of judicial precedent as the most operational and mobile instrument for regulating civil relations through the adjustment of legal reality. It was determined the partial admissibility of its application in domestic practice of the of the civil law relations regulating.