Open AccessComparative Legal Analysis of Modern Civil Law Sources in Russia, France and Germany
Author(s) -
А. А. Макарушкова,
И. В. Соловьева
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.109.12.149-161
Subject(s) - civil law (civil law) , law , civil code , comparative law , political science , german , legislation , legal history , public law , private law , context (archaeology) , delict , geography , black letter law , archaeology
Based on a comparative legal analysis, the paper discusses modern approaches to the system of sources of civil law in Russia, France and Germany. The authors draw attention to the similarities and differences (in form, name, structure, content, significance) of the sources of civil law of these countries, due to objective and subjective factors, as well as features of their legal systems. It is noted that the range of sources of civil law in France and Germany is much wider than in Russia. Among the sources of civil law of these legal systems, civil codes and laws containing civil law form a common ground for the system. Current trends include significant expansion and complication of the Russian civil law system of sources and its convergence with the laws of France and Germany. The authors conclude that there is a need to systematize and consolidate the detailed system of sources of civil law in Art. 3 of the Civil Code of the Russian Federation, the adjustment of certain legal institutions of French and German civil law in order to improve Russian legislation and develop modern sources of Russian civil law and their system in the context of combining the experience of French and German law with domestic legal traditions.