Open AccessThe principle of reasonableness in civil law
Author(s) -
А. В. Коновалов
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.105.8.011-021
Subject(s) - presumption , law , civil law (civil law) , prudence , political science , enforcement , scope (computer science) , legal liability , legislation , subject (documents) , commercial law , law and economics , liability , sociology , computer science , philosophy , theology , library science , programming language
In the article, the author substantiates the conclusion that the reasonableness of behavior of a subject of civil law is expressed in his aspiration, while exercising his rights and performing his duties, to commensurate his behavior with common sense, general perceptions of prudence and economic feasibility, rights and legally protected interests of other participants of relations regulated under civil law. Based on the analysis of legislation and practice of its application, the author comes to the conclusion that the main objectives of the principle of reasonableness in civil law include: encouragement of participants of relations regulated under civil law to behave responsibly and conscientiously; establishment of the presumption of compensatory nature and equivalence of the scope of considerations provided for under obligations arising in civil law relations; enforcement of the application of adequate measures of civil liability in case of default on or improper performance of obligations, etc.