Volume 7 (2022), № 4, P. 271-280
[ JURIDICAL SCIENCES ]
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The issue of the peculiarities of the course of dealing as a non-state regulator of civil relations has been investigated. It has been established that the course of dealing can be considered in a narrow sense (the concept of “implied terms of the contract”) and in a broad sense of the word (the concept of “business habit” and the concept of “systematic practice”). It is proposed to choose “permanent, habitual behavior of the parties” as a generic element of the scope of the concept “course of dealing”, which corresponds to its literal meaning, and also corresponds to the terminology used in the Civil Code of the Russian Federation and in acts of private law unification of contract law. It is concluded that the usual rule underlying the habitual behavior of the parties can be defined as a rule of people’s behavior that has developed as a result of its actual observance on the basis of repeated and uniform repetition of specific actions. Attention is focused on the fact that the usual rule is distinguished from other forms and methods of regulation by two features the features of formation and the mechanism of action. The following features of the usual rule as a social regulator are analyzed: the spontaneous nature of education; relative certainty; the actual nature of compliance; constancy of observance and application, involving repetition and uniformity..
civil law; usual rule; custom; individual legal regulation; course of dealing
Aleksandr A. Pakharukov, Evgeniy S. Epov
Irkutsk National Research Technical University,
Irkutsk, Russian Federation
Pakharukov A. A., Epov E. S. (2022) Course of dealing as a variation of the usual rules.
Sotsial’naya kompetentnost’ = Social Competence. Vol. 7. No. 4. P. 271-280. (In Russ.).
- Vil’nyanskii S. I. (1954) Customs and rules of the socialist hostel // Uchenye zapiski / Kharkov Law Institute named after L. M. Kaganovich. Department of civil law and process. Kharkov, Publishing House of the Kharkov State University A. M. Gorky, Iss. 5. Р. 3-24. (In Russ.).
- Voishvillo E. K. (1989) The concept as a form of thinking: logical and epistemological analysis. Moscow: Publishing House of Moscow State University. 239 p. (In Russ.).
- Zumbulidze R.-M. Z. (2004) Customary law as a source of civil law. Obychai v prave: sbornik = Custom in law: a collection. St. Petersburg: Publishing House “Legal Center Press”. Р. 7-196. (In Russ.).
- Zykin S. (1983) Customs and habits in international trade: Concept, application, formation, applicable law, model contracts. Moscow, International relations. 160 p. (In Russ.).
- Ioffe O. S. (1958) Soviet civil law. Moscow: Legal Literature. 495 p. (In Russ.).
- Matuzov N. I., Mal’ko A. V. (ed.) (1997) Theory of state and law. Moscow: Lawyer. 672 p. (In Russ.).
- Pakharukov A. A. (2019) Course of dealing as a non-normative regulator of civil relations. Prolog: zhurnal o prave = Prologue: Law Journal. No. 2. P. 16-27. (In Russ.).
- Porotikov A. I. (2004) Custom in civil law. Obychai v prave: sbornik = Custom in law: collection. St. Petersburg: Publishing House “Legal Center Press”. P. 197-380. (In Russ.).
- P’yanov N. A. (2008) Consultations on the theory of state and law. Irkutsk: IGU Publishing House. 571 p. (In Russ.).
- Rovnyi V. V. (2004) Custom in private law. Irkutsk: Irkutsk State University. 76 p. (In Russ.).
- Syrykh V. M. (2001) Logical foundations of the general theory of law: in 2 vols. Vol.1: Elemental composition. Moscow: Legal House “Justitsinform”. 528 p. (In Russ.).
- Cherdantsev A. F. (1964) The concept of technical and legal norms. Sovetskoe gosudarstvo i pravo = Soviet state and law. No. 7. P. 134-138. (In Russ.).