Гражданское право и его роль в формировании гражданского общества / Civil law and its Formation of Civil Society
The book "Diffusion and development of the system of the Roman law and law of China" presents the articles of the participants of the International scientific conference "The meeting of two cultures, two empires. The system of Roman law and Chinese law "(28 October - 2 November 2013), held by the North-West University of Political Science and Law (Xi'an, China). The focus of the authors - the value of Roman law for legal education in China and the development of Chinese law and legislation.
The article deals with one of the most crucial ways of civil law interpretation – systematic interpretation. The author proposes the list of systematic interpretation principles as guidelines for using this instrument. The article provides legal comparative analysis of interpretative methods in continental and Anglo-Saxon legal systems. Author conducts a research of using systematic interpretation techniques in practice and shows the most common mistakes of law-enforcement.
The article provides continuation of a study on the assessment of Russian civil law and legal awareness of Russian jurists from the standpoint of a functional approach to law. In the first part of the study, the main theoretical implications of the functional approach to Russian civil law were examined. Here the theses expressed in the first part are confirmed empirically. The material constituting the empirical part of the study consists of several episodes from the life of modern Russian civil law. This article presents three of such episodes - the supremacy of the Civil Code, the principle of good faith and unfair contract terms.
The article presents the results of the assessment of domestic civil law and legal consciousness of Russian lawyers from the standpoint of a functional approach to law. This first theoretical part considers historical roots of dogmatism in Russian legal consciousness and shows that dogmatism, which is closely connected with the super positivist approach to law, is still imprinted in the minds of domestic civilists. The functional approach to law is described as a necessary addition to legal dogmatism and an opposition to positivism, as well as the essence of the social impact of law. These theses are empirically confirmed in the second part of the paper. The author considers the principle of good faith, standards of proof, protection of possession, recovery of damages, compensation for harm to life and health, etc., and proves that in these key areas of civil law the dogmatic approach still prevails or significantly hinders the effective operation of such civil law instruments.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/