ЕВОЛЮЦІЯ ДОГОВОРУ ЯК НАСЛІДОК ЗМІНИ СУСПІЛЬНИХ ВІДНОСИН

Abstract

The purpose of this article is the research of development of the contract and finishing a position that it is the major case for emergence of the civil rights and duties, the arrangement of the parties directed to establishment, changing or the termination of the civil rights and duties. In the article the conclusion is drawn that development, evolution, the civil-law contract are a consequence of society’s change, the economic relations which, in turn, demand from the law, and is more concrete – from the contract law, more flexible application of new, not defined, mixed contracts and improvement of the existing contractual designs. Evolving of the contract is also a consequence of transitivity in the legal sphere. Change of society is characterized by essential change, transformation of all or most social institutes, values and norms which cause emergence of new social structures and changes in the organization of management of society. The transitive society are inherent discrepancy of social institutes to real public requirements that, in turn, causes: social frustration, marginalization of the population, change in social structure, deformation, improvement; changes in the organization of management of society, and also change of standard regulation. The important contribution in the development of the civil contract has findings of Ukrainian sovereignty and returning from socialist system of managing to market. Of course, such process is followed by not only positive changes, but also negative, such as criminalization of the economic relations, oligarchization, financial pyramids and so forth. But it is importantthe fact that in Ukraine the right of a private ownership was renewed, that is in Soviet period was considered as inadmissible. As fundamental category in a contract law and in development of institute of the contract in modern conditions, the civil contract is considered universal remedy of the sphere of private law and self-control in the contractual sphere. The civil contract is capable not only to settle independently of the relations at the conclusion of the contract at discretion, but also can solve and fix problems in the civil legislation (the P. 3 of Art. 6 of Civil Code of Ukraine). With the development of the market relations and the subsequent integration of Ukraine into the international economic space according to plan administrative influence of the state on the property relations is leveled, and freedom of the contract which is expressed also in the choice of contractors on own discretion extends. In the conditions of globalization certain differences in legal regulation of the contractual relations in the different countries will be leveled.