Open AccessMODERN TERMS IN CIVIL LAW: METHODOLOGICAL-CATEGORIAL ASPECT
Author(s) -
Ainur G. Demieva
Publication year - 2021
Publication title -
metodologičeskie problemy civilističeskih issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2658-5863
pISSN - 2619-0559
DOI - 10.33397/2619-0559-2021-3-3-319-331
Subject(s) - dialectic , legislation , meaning (existential) , civil law (civil law) , phenomenon , element (criminal law) , law , epistemology , order (exchange) , political science , sociology , public law , business , philosophy , finance
the article is devoted to the study of modern terms in domestic Russian civil law. Purpose: to show the reasons for the appearance of new terms in civil law and to identify the problems associated with their content, which are faced by scientists and practicing lawyers. Methods: theoretical methods of formal and dialectical logic; comparative legal method, empirical methods of comparison, description. Results: an analysis of some modern terms of civil law indicates the following reasons for their appearance. Firstly, internal growth and development of domestic civil legislation. Secondly, the emergence of new technologies. Thirdly, an erroneous and false understanding of the meaning of some concepts. Conclusions: the identified reasons of the appearance of new and borrowed terms in civil law require a differentiated scientific approach to their study in order to avoid erroneous and false understanding of their meaning. In order to become an element of the scientific terminological apparatus, current legislation and legal practice, any terminological borrowing must be systemic. Borrowing of new terms and concepts is necessary: firstly, in the absence of a similar lexical unit in domestic law, secondly, when there is a need for a unified approach to determining the content of a legal phenomenon.