Развитие теории сделок в праве Франции

Юридическая наука. 2025. № 2. С. 303–310.

Ионцев М. А.

“Only those who have questions can have knowledge” is a phrase belonging to Henry Ford that changed my life and approach to the visible. Sometimes the smooth, clean white canvas of the doctrine, woven from convincing and indestructible answers, thrills and makes you admire yourself for a long time, convincing you more and more of your perfection; however, the incredible beauty and longing that this snow-white landscape evokes often cannot conquer the hearts of “beginners” who are afraid of completeness. A blank sheet attracts them, but not by its whiteness, but by the ability to apply a pattern and color. Similarly, in France in the thirties of the last century, the snow-white field of perfect legal doctrine of legal facts honorably became a canvas in the hands of young talented civilists. In this article, the author makes no more than a modest attempt to describe the process of creating a new classification of the grounds for the emergence of subjective rights and obligations. The author will use the terminology proposed by structural linguistics, French legal and philosophical doctrines, in order to avoid violating the formal logical law of identity.

Keywords: сделки, classifications, права, обязанности, rights, duties, французское право, French law, transactions, классификация, philosophical doctrine, философская доктрина