CONVERGENCE OF PRINCIPLES IN CIVIL SCIENCE IN THE CONDITIONS OF FORMING THE CONCEPT OF PRIVATE LAW (THEORETICAL ASPECTS)

Abstract

The article is devoted to consideration of the interaction of the principles of civil science in the process of regulating civil legal relations. That is, the convergence of the principles of civil law in the conditions of the formation of the doctrine of private law in Ukraine.

The emergence, formation and development of civil law took place during the millennium on the basis of the philosophical principle of permanence, i.e. continuously. Therefore, according to the same philosophical provisions of the development of society, the development of a democratic, social and legal state, in which only human rights and freedoms are recognized as the highest value, and in these conditions, a significant rethinking of the role of principles in civil science took place. As a result, the principles as the main principles of the emergence, change and termination of civil legal relations have become widely embodied in civil legislation and are actively introduced in civil circulation.

In connection with the above, there is a need to analyze the relationship of the principles of civility comprehensively, which will provide an opportunity to investigate their application in the future. This necessitates the need for scientific substantiation of the relationship between the principles of civil science, i.e. convergence, clarification of various manifestations of application in all spheres of social life.

The relationship between the principles of civil science, regarding the regulation of civil legal relations, determines not only their relationship and possible mutual influence, but also demonstrates the practical aspects of the independent regulation of social relations of their participants and deepens the understanding of the essence and potential of this process, especially in the conditions of the formation of private law and integration into the European legal system.

It should be noted that we examine these aspects both in general, that is, comprehensively, and in the context, taking into account the different object-subject composition of the elements of legal relations.

The conclusion is formulated that when researching the principles of civil science, one should take into account the presence of various branches of private law: civil law, family law, international private law, and in addition, one should not forget about the civil process. These aspects determine the close relationship of principles that comprehensively and in context influence the regulation of legal relations in society at the current stage of its development, which in turn determines integration into the EU legal system.