Atypical business law provisions

Abstract

The article is devoted to the vision of atypical business law provisions. It was found that the state of scientific opinion regarding atypical business law provisions is irrelevant to the demands (needs) of the time. The subject of the study is atypical business law provisions. The purpose of the study is to solve a scientific problem, which consists in developing a theoretical concept of atypical business law provisions. The concept of atypical civil law provisions is defined as peculiar rules embodied in legislation (business law goalsprovisions, business law principles-provisions, business law definition-provisions, temporal business law provisions, conflict business law provisions, operational business law provisions), which have a two-element structure (hypothesis and disposition ) and do not establish specific legal models of behavior of business entities’, and the functional potential of which in the mechanism of legal regulation of business relations depends on a certain type of such business law provisions. It was determined that the atypical provisions business law include: first, business law goals-provisions; secondly, civil law principles-provisions; thirdly, business law definition-provisions; fourthly, temporal business law provisions; fifth, operative business law provisions; sixth, conflicting business law provisions. The research is based on general scientific and special legal scientific methods of cognition. Using the historical-legal method, the evolution of atypical business law provisions (business law definition-provisions andoperational business law provisions) is outlined. Using the formal-logical method, the following author’s definitions were developed: a) atypical business law provisions; b) business law goals-provisions; c) business law principles-provisions; d) business law definition-provisions; e) businesslaw temporal provisions; e) businesslaw operational provisions; e) conflict business law provisions. The combination of systemic and structural-functional analysis made it possible to determine the types of atypical business law provisions. Acts of legislation are the normative-legal base for the study of business law goals-provisions, business law principles-provisions, business law definition provisions, business law temporal provisions, conflict business law provisions, business law operational provisions.