The State of Scientific Research of the Problems of the Institution of Analogy in Civil Law

Abstract

The article reveals the real reasons of low demand for the institute of analogy in the law enforcement activity and limited coverage of instances of application of analogy of the law and analogy of law in judicial acts. The paper highlights the lack of due attention to the institute of analogy in modern study materials on civil law. Also, it draws attention to the insufficiency of scientific research of the phenomenon of analogy in Civil Law. In few dissertations (theses) devoted to civil law issues the author highlights the use of a narrow, predominantly theoretical, approach to analogy as one of specific instances in the system of ways applied to overcome gaps in Civil Law. In view of a noticeable change in the attitude of the law-maker with regard to the analogy and the emergence of the latest law enforcement approaches to the implementation of the analogy of the law and the analogy of law, including the level of the higher courts, the author substantiates the necessity of facilitating the complex study of analogy not as an abstract legal structure, but as an element of modern legal technique, as a means of implementation and protection of civil rights, as a stage of application of law and a factor encouraging the civil law development.