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INTRODUCTION

Urgency of a theme of research. Now in development of market relations the special role is played by a liability law which considerable impact on all economic turn in the country makes. Told it is caused by that the liability law regulates relations on an exchange of the goods, to performance of works, rendering of services, transportation, operations with money resources, etc.

exaggeration will not tell, that the level of development of economy of Russia, well-being of citizens, investment appeal depend on efficiency of norms of a liability law.

Studying of any phenomenon is impossible without understanding of its basic ideas. Any podotrasl the rights is based on certain system of principles which consists from obshchepravovyh and the branch beginnings. At the same time there are separate principles, characteristic only for concrete podotrasli the rights. In our case it is a question of liability law principles. The urgency of studying of the specified category is predetermined by following aspects.

First, principles cause construction of all system of a liability law: both its general part, and norms about separate obligations. The similar understanding should be considered at interpretation of concrete positions, whether it be the rules concerning separate contracts, or the norms regulating non-contractual relations.

Secondly, liability law principles have special value in practice. They can be applied at use of analogy of the right, to the permission of concrete business in essence, regulations of certain public relations. And principles are actual and significant as for vessels which are obliged by it to follow in the activity, and for others pravoprimenitelnyh bodies. Any practising lawyer can use basic positions for a substantiation of the position on business considered in court, at drawing up grazhdanskopravovogo contracts, consultation carrying out, etc. Ignoring of bases of a liability law will lead to misconstruing of its norms and, as consequence, an illegal decision of court, incorrect consultation, impossibility to protect the right of subjects of a turn.

Thirdly, the essential role is taken away to principles and in pravotvorcheskoj activity. Modern development of the civil legislation is characterised by scale changes. It is necessary to notice, that basic ideas of a liability law have found the reflexion in the Concept of development of the civil legislation from October, 7th, 2009, the Federal act from March, 8th, 2015 № 48-FZ «About modification of a part the first the Civil code of the Russian Federation», other certificates. Accurate following of the legislator to right principles - the serious precondition to the consistent, stable, accessible legislation in understanding. Thereupon doktrinalnoe the judgement of system of principles of a liability law gets a special urgency.

Fourthly, one of tendencies of modern development of private law is increase of a role of judiciary practice. It is difficult to overestimate its value in definition of the maintenance of principles. A vivid example of that the principle can be formulated court, the conscientiousness principle serves. The specified fundamental principle of the civil legislation was actively enough applied by vessels still before it has been fixed in item 1 of the Civil code of the Russian Federation. Thus, the analysis of influence of judiciary practice on formation of principles of a liability law - one more important problem of modern civil law.

Degree of a scientific readiness of a theme. The questions connected with principles of this or that branch of law, and also separate podtraslej and institutes, quite often became object of various scientific researches.

So, there are the dissertational researches devoted to the general questions of principles of civil law (E.G.Komissarova. «Principles in the right and fundamental principles of the civil legislation», 2002; O.A.Kuznetsova. «Specialised norms of the Russian civil law: theoretical problems», 2007; V.V. Ershov. «Legal nature of the general and civil-law principles», 2009, etc.). Separate principles, in particular were analyzed also: contract freedom (JU.L.Ershov, 2001; K.I.face, 2002; A.N.Tanaga, 2001, M.J.ShChetinkina, 2009, etc.); weakness protection (D.V.Slavetsky, 2004); stability of the contract (A.S.Egorov, 2011), and also principles of execution of obligations (N.A.Amirov, 2009; J.M.Dorenkova, 2010; Z.I.Tsybulenko, 1991; A.A.seagull, 2007 etc.) . It is indicative, that more often the fundamental principles of the civil legislation fixed in item 1 of the Civil code of the Russian Federation became object of studying.

The declared problematics was considered in bast G.A.Sverd-'s research («Principles of the Soviet civil law», 1985). However, first, it was spent in other social and economic conditions and leant on absolutely other legislative and pravoprimenitelnyj a material. Secondly, in the specified work all problems, concerning liability law principles (their parity with civil law principles is not considered, some pressing questions of application of separate principles, in particular a principle of protection of weakness are not opened, etc.) are resolved far not.

At the same time till now in the doctrine there was no complete approach to studying of principles of a liability law. The special research devoted to studying of the named category, it was not carried out.

The purpose and research problems. The purpose of the present dissertation consists in working out of the concept, allowing to open system of principles objaza - telstvennogo the rights. Achievement of an object in view has demanded to resolve a complex of the following interconnected problems:

1) to formulate a concept definition «liability law principles»;

2) to consider pravoprimenitelnoe and other value of principles of a liability law;

3) to open a parity of categories «liability law principles» and «civil law principles»;

4) to investigate a principle of freedom of the contract as a liability law principle;

5) to consider a principle of protection of weakness in the obligation;

6) to offer the list of other principles of a liability law and to give them doktrinalnye definitions;

7) to formulate principles of obligations owing to injury;

8) to systematise separate principles of execution of obligations.

Object of research are fundamental positions, basic ideas of a liability law as which it is necessary to consider as its principles. The specified categories in the present work are considered through a prism of action of the mechanism of realisation of the civil rights and the discharge of duties developed by E.V.Vavilinym.

As object of research positions before the operating and modern domestic and foreign civil legislation, pravoprimenitelnaja practice, scientific works on the pressing questions connected with principles civil and a liability law, and also results zakonoproektnoj works in the field of civil law act.

The methodological basis of dissertational research was constituted first of all by a dialektiko-materialistic method of knowledge of the validity, allowed to analyse the separate points of view about the dissertation, to consider a problematics of principles civil and a liability law in indissoluble unity, and also with a support on judiciary practice.

Also methods of the analysis and generalisation of scientific, is standard-legal and practical materials, system construction of statutes, legal modelling which in the set have allowed to allocate and consider principles which it is direct in the law were actively used not fixed, but follow from its sense, spirit and on this basis are used in pravoprimenitelnoj activity.

Rather-legal method was applied in the course of the comparative analysis of substantive provisions of a liability law of Russia, the countries of continental and English-Saxon legal families. The historical method has allowed to track tendencies of development of principles of civil law and liability law substantive provisions.

Other methods were besides, applied also: the analysis, synthesis, analogy, linguistic, is formal-logic etc.

As standard basis of research norms of the Russian legislation (the Constitution of the Russian Federation, the Civil code of the Russian Federation, federal acts of the Russian Federation and other certificates) have served. Besides it, to the analysis positions of civil law of some foreign states (were exposed to Germany, Italy, Yemen, the USA, Ukraine, to France, etc.).

The empirical base of research was constituted by materials of practice of the Constitutional Court of the Russian Federation (6), the Supreme Court of the Russian Federation (8), the Supreme Arbitration Court of the Russian Federation (15), and also other vessels of the general jurisdiction and arbitration courts of the Russian Federation.

Theoretical basis of research. The dissertation accumulated in itself a scientific material which has formed its theoretical base and has allowed to keep continuity in science development:

Works on civil law: M.M.Agarkov, V.K.Andreeva, N.A.Barinov, A.V.Barkova, V.S.Belyh, M.I.Braginsky, S.N.bratusja, E.V.Vavilina, V.V. Vitrjanskogo, V.P.Gribanova, B.M.Gongalo, O.S.Ioffe, M.A.Egorovoj, V.V. Ershov, J.H.Kalmykova, G.V.Koloduba, E.G.Komissarovoj, O.A.Kuznetsovoj, V.V. Kulakova, S.T.Maksimenko, S.J.Morozova, V.F.Popondopulo, S.V.Sarbasha, G.A.Sverdlyka, V.L.Slesareva, V.A.Tarhova, thick, E.M.tuzhilovoj,

Z.I.Tsybulenko, M.J.Chelysheva, A.E.Sherstobitova, V.F.Jakovleva, etc.;

Works on the general theory of law and branch jurisprudence: V.A.Abaldueva, S.S.Alekseeva, S.F.Afanaseva, D.H.Valeev, V.K.Dujunova, K.S.Zaharovoj, O.V.Isaenkovoj, A.N.Kuzbagarova, A.V.Malko, N.I.Matuzova, A.A.Pavlushinoj, I.N.Senjakina and dr;

Works of pre-revolutionary scientists: E.V.Vaskovsky, J.S.Gambarova, D.I.Meyer, K.P.pobedonostseva, I.A.Pokrovsk, G.F.Shershenevicha;

Works of foreign authors, such as: ZH.-l. Berzhel, U.Bernam, H.Ketts, F.Loran, E.A.Farnsvort, F.M. Burdick, O.O. Cherednychenko, R. Stone, M. Trebilcock, etc.

Scientific novelty of results of dissertational research consists in working out on doktrinalnom level of a theoretical basis of system of principles of a liability law, allocation of discriminating signs of principles of a liability law. The definition, and also the list of principles of a liability law are offered, the parity of categories «civil law principles» and «liability law principles» is opened. The given problems are resolved in the dissertation in a context of action of the mechanism of realisation of the rights and discharges of duties.

In author's interpretation actual problems of general provisions of a liability law are considered, starting with before categories existing and offered by the author of dissertation, original approaches to their permission are developed.

It is proved, that one of tendencies of development of modern civil law is increase of a role judicial, including arbitration, experts. The given thesis is especially important by consideration of system of principles of a liability law, some of which do not find the direct reflexion in legal acts, but have special pravoprimenitelnoe value. The specified fact should be considered both in the further scientific researches, and in practical activities.

Scientific novelty of dissertational research is defined by the following substantive provisions which are taken out on protection:

1. It is necessary to understand the fundamental positions directly fixed in rules of law, and also the basic ideas applied in judiciary practice on the basis of system interpretation of the legislation which are sistemoobrazujushchimi for all podotrasli a liability law and in which find the reflexion debt relationship signs as liability law principles.

2. The author carries the following to principles of a liability law: principles of freedom of the contract, weakness protection in the obligation, stability of obligations, protection of the rights of the creditor, protection of the debtor, equivalence, and also principles of execution of obligations (ought, specific performance, profitability of execution, assistance of the parties).

Following classifications of principles are offered: on the subject (the principles directed on maintenance of the rights and interests of all participants of an economic turn; the principles promoting maintenance of the rights and interests of separate participants of an economic turn); on fastening in the legislation (is standard fixed; not fixed in regulatory legal acts, but applied by judiciary practice on the basis of system interpretation of the legislation); depending on character of carried out function (reguljativnye, guarding).

3. It is necessary to understand statutory fundamental position of a liability law which consists in granting to subjects of the civil circulation of freedom of the conclusion, as a principle of freedom of the contract of a choice of treaty provisions, and also other competences concerning the conclusion, change and cancellation of the contract which can be limited only by the federal act or is perfectly in order, to it established.

4. The principle of protection of weakness in the obligation is the basic idea of a liability law shown at interpretation of the legislation and in judiciary practice which essence consists in necessity of granting of special protection to subjects who have less possibilities for realisation and protection of the rights, in comparison with the counterpart.

5. Application of a principle of protection of weakness in the obligation is necessary in following cases: a specific order of the organisation of realisation of the rights and discharge of duties at a separate stage of realisation of the right (ways of realisation of the given principle are various at separate stages of action of the mechanism of realisation of the civil rights and discharges of duties); special subject structure and (or) the maintenance of concrete civil matter. The principle of protection of weakness acts as supervising beginning at regulation of the relations which specificity consists available in them of the strong subject (a monopolist, the state) or the counterpart, the rights and which interests demand special protection (citizens-consumers, manufacturers of agricultural production, carriers).

6. It is necessary to understand basic idea as a principle of protection of the rights of the creditor, according to which main objective of action of norms of a liability law creation of real mechanisms of protection of the rights of the authorised person is. Owing to a principle of protection of the debtor interests of a party liable, and in cases, directly statutory are guaranteed, the rights of the creditor are limited.

7. The equivalence category with reference to a liability law can have some values: a presumption vozmezdnosti the civil-law contract; property, discriminating line of obligations relations; a liability law principle. According to a principle of equivalence of the right of the parties of the contract sootnosimy among themselves, and the right of the party of the non-contractual obligation is in certain conformity with the bound party actions, which steels the basis of occurrence of obligations.

8. Principles of assistance of the parties and profitability of execution it is direct in the law are not specified, but follow from its sense. The given categories are indirectly fixed in the legislation through a conscientiousness principle. They should be considered as interconnected, but excellent as a matter of fact the phenomena. The profitability principle is, in bolshej to a measure, the requirement to the debtor which default can become a consequence of that reduction, that it is necessary to it under the contract. The assistance principle is first of all a duty of the creditor to assist the counterpart without which achievement of result wished by the parties will appear exigeant.

9. To criteria of execution of the obligation which have been carried out according to a principle of profitability, it is necessary to carry: execution of the obligation with the least material, time, organizational expenses. The profitability principle should be used not only in pravoprimenitelnoj, but also in pravotvorcheskoj activity. The legal acts regulating obligations relations, should create such legal mechanism which would provide the most reasonable, effective and fast way of execution.

10. Owing to injury it is offered to carry following principles to principles of obligations: inadmissibility of injury, inevitability of responsibility for damnified, the harm full indemnification. Basic norm gl. 59 Civil codes of the Russian Federation are a principle of the full indemnification of harm which means a duty of the debtor under the obligation owing to injury to give the most comparable indemnification in the given concrete conditions lost by sustained (creditor). The resulted treatment of a principle of the full indemnification approaches and to such cases in which realisation of the specified fundamental position, at first sight, is impossible: compensation of the harm caused to a life or health of the citizen, indemnification of moral harm, etc.

The carried out research has allowed the author of dissertation to bring a number of offers on legislation perfection, in particular:

To add item 1 of item 475 of the Civil code of the Russian Federation with the paragraph the fifth the following maintenance: «the Parties in the agreement can provide the right of the buyer to demand fulfilment from the seller who has transferred the goods of inadequate quality, the actions, not provided the present point»;

To exclude from item 2 of item 562 of the Civil code of the Russian Federation the right of the creditor under the obligations included in structure of the sold enterprise, to demand a recognition of the sale contract of the enterprise void completely or in a corresponding part;

To add item 1 of item 1064 of the Civil code of the Russian Federation with the paragraph the first the following maintenance: «personal tort and to property of citizens, and also property of legal bodies, other subjects of the civil circulation is not supposed». Paragraphs 1, 2, 3 specified points to consider accordingly as paragraphs 2, 3, 4.

Theoretical and practical value of research consists that set of the conclusions formulated by the author of dissertation and positions can be used in the further scientific researches devoted to questions of system of principles of civil law, to general provisions of a liability law and other fundamental problems of civil law. The received results can be taken into consideration at perfection of the civil legislation, be applied in educational process, pravoprimenitelnoj and other legal practice.

Approbation and introduction of results of research. Work is executed, discussed and approved on chair of civil and international private law FGBOU VPO «Saratov state legal academy».

Dissertation substantive provisions have found the reflexion in scientific works, including in 8 articles (total amount 2,65 items of l.), published in the leading reviewed magazines recommended VAK Minobrnauki to Russia. Separate positions of work were discussed on scientifically-practical actions of various level and a carrying out format: the International scientifically-practical conference of students and post-graduate students «Legal regulation in the conditions of statehood modernisation: national and international legal aspects» (Kazan, on November, 15-16th, 2012); the International scientifically-practical conference «Modern problems of jurisprudence» (Krasnodar, on April, 17th, 2013); All-Russia nauchnoprakticheskoj conferences «Convergence private and the public law: problems of perfection of the modern legislation» (Moscow, 2013) ; Міжнародно ї juridichno ї naukovo-praktichesko ї the conference і ї «Is actual юриспруденція» (Ki§v, 11 grudnja to 2013 fate); IV International scientifically-practical conference «Business and the right: problems and prospects» (Nizhni Novgorod, on December, 30th, 2013); IV International nauchnoprakticheskoj conferences «Actual problems of perfection of the legislation and pravoprimenenija» (Ufa, on February, 8th, 2014); the All-Russia conference of students, magistrantov and post-graduate students «private law Development: tendencies and prospects» (Saratov, on March, 26th, 2014); the International scientifically-practical conference devoted to the 150 anniversary of the judiciary reform of 1864 «Jurisprudence and practice» (Rostov-on-Don, on November, 22nd, 2014); XXIII International scientifically-practical conference «Legality and the law and order in a modern society» (Novosibirsk, 2015), etc.

Results of dissertational research are used in educational process by preparation of materials for lecture and seminar employment on disciplines: "Civil law", «the Enterprise right», "Commercial law".

The dissertation structure is caused by logic of the research, set as by the purpose and problems. Work consists of the introduction, three heads, including eight paragraphs, the conclusions and the bibliographic list of the used literature.

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A source: Volos Alexey Aleksandrovich. LIABILITY LAW PRINCIPLES. The dissertation on competition of a scientific degree of the master of laws. Saratov -.
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More on topic INTRODUCTION:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  16. 5. Attention strengthening to questions of legal introduction.
  17. Introduction