Evaluation Concepts in Civil Law: Historical Experiences of Development and Application

Abstract

The process of formation and development of evaluation concepts in civil law has a long history and is associated with the development of law, the improvement of legislative technology due to the gradual abandonment of the casuistic method of regulating legal relations and the increase in the abstractness of legal prescriptions. This legal writing technique had already been present in the law of ancient states. The purpose of the paper is to clarify the features of the formation and development of evaluation concepts in civil law through the study of the historical experience of their use in the sources of civil law, which to a certain extent became the basis of modern Russian civil law. It is also relevant to establish the reasons for the growing trend towards the use of more flexible methods of regulating civil law relations. As a result of comparative legal research, analysis of historical sources of law and modern legislation, it was concluded that civil law norms containing evaluation concepts are known to all legal systems from the earliest stages of development of law. These legal constructions are an integral part of legal regulation. The paper analyzes and substantiates the historical conditionality of a steady upward trend in civil law in the number of norms containing evaluation concepts, the continuity of this process. The reason for this is the improvement and development of legislative techniques, the use of more flexible dispositive methods of regulating civil legal relations. At the same time, attempts by the legislator to fix the main features and content, approximate criteria for individual evaluation concepts in the rules of law are noted in order to uniformly apply them and limit the freedom of discretion of the law enforcer