TO THE QUESTION OF THE CONCEPT OF CIVIL LEGAL CONTRACTUAL REGULATION

Abstract

Introduction. One of the most important trends in the development of law of obligations in the modern period is the expansion of the scope of self-regulation of contractual relations, the establishment of the presumption of the dispositiveness of civil law, the expansion of the principle of freedom of contract, which in turn has created the need for scientific research on the concept of civil law contractual regulation. Purpose. The purpose of this study is to identify the true nature of civil contractual regulation and to develop their own definition of the above term. Methodology. In carrying out this study, various general scientific and special methods of cognition were used. At the same time, the dialectic method, the system analysis method and the teleological approach became the key ones. Results. As a result of a consistent and systematic analysis of legal categories directly related to the study, we developed our own definition: civil legal contractual regulation is a type of civil legal regulation carried out by subjects of civil law through civil contracts concluded between them, and including both the rules of law included by the parties in the content of the contract, and the individual rules created by the parties (micronorms). Conclusion. The concept of civil legal contractual regulation has scientific and practical value, because it allows you to study the regulatory properties of the contract at the system-categorical level, to reveal the contract from the dynamic side as an effective means by which the parties themselves legally regulate property and other relations between themselves. The concept of «civil legal contractual regulation» developed in this study can be used to further develop the instrumental theory of law, and, in particular, for the subsequent study of the regulatory essence of the contract.