Legal contracts in the field of private law

Abstract

The article focuses on the legal nature of regulatory agreements in the field of private law. It is argued that in the economic and social sphere, the regulation of social relations is often practiced on the basis of normative agreements other than the norms of the law. It is noted that by its nature, a normative agreement expresses the conciliatory will of two or more parties to establish, modify and terminate their rights and obligations, to exercise or withhold certain legal actions.
 The examples of the material industries reveal the nature of regulatory agreements. The article focuses on collective agreements and collective agreements in labor law. The history of their appearance and scope is revealed. It is concluded that the reason for their emergence in the field of labor law was the need to resolve the confrontation between employers and employees in the field of labor relations regulation. By their structure, the provisions of collective agreements can be divided into normative and binding. Actually regulations are local norms on the main issues of labor, pay, conditions and labor protection, social and household issues. That is why not all content of collective agreements is normative.
 While revealing the importance of private-law normative treaties, attention is drawn to standard and exemplary treaties in civil and commercial law. Despite the widespread position in the theory of private law, the position of typical and exemplary contracts to the sources of law, it is noted that from the standpoint of the general theory of a normative contract it is not possible to consider typical or exemplary contracts a kind of normative contract. This claim is substantiated by the fact that standard and exemplary treaties are developed and enter into force on the basis of a unilateral legal act (for example, a by-law of the Cabinet of Ministers of Ukraine), while a normative agreement is always a bilateral (or multilateral) arrangement of the subjects of law.
 It is concluded that it is necessary to further study the problems of application of normative treaties in the field of private law, since to other sources of branches of private law the normative treaty is not just a way of regulating social relations, but a way of self-regulation.