Teleological Aspects of Contractual Legal Regulation

Abstract

A comprehensive study of teleological aspects of legal regulation presupposes cognition and better understanding of the goal-setting carried out by various subjects of law at different levels of contractual regulation of public relations. Teleological aspects of contractual-regulatory activity are manifested in determining the ultimate and intermediate goals of legal regulation, goal-setting and harmonizing of the will of the subjects of contractual regulation as well as in the teleological interpretation of contractual norms. The basis for the establishment of the goal of legal regulation is formed by social prerequisites for the emergence of law as a regulator of social relations designed to weaken (resolve) conflict tension between the participants of social interactions intending to gain limited benefits. Consequently, legal regulation is aimed at preventing or resolving social conflicts, and streamlining public relations, which becomes an intermediate goal of legal regulation. It is reasonable that the existence of two alternative strategies of social behavior (rivalry and cooperation) requires the application of various principles, methods and means of legal regulation. To this end, the existence of contractual regulation is preconditioned by the existence of specific social relations in social practice, the regulation of which presupposes a coordinated, joint will of the participants. It is concluded that the study of teleological aspects of contractual legal regulation facilitates determination of systemic characteristics of legal regulation, its "mechanical" side and the effectiveness of legal regulation. As far as the methodology is concerned, the study results in the understanding of the integrity of the object of the state-legal reality.