Legal Custom as a Source of Civil Law: Theoretical and Legal Problems
( Pp. 66-70)

More about authors
Efimova Olga Aleksandrovna postgraduate student
Institute of Legislation and Comparative Law under the Russian Federation Government
Moscow, Russia
Abstract:
The article analyses the essence of the phenomenon of legal practice in Russian civil law. Discusses examples of legal custom, it investigates the nature of particular legal traditions. This article provides an analysis of such a theoretical and legal phenomenon as legal custom in russian civil law. Examples of legal customs are considered, the essence of specific legal customs is investigated in order to identify the role of legal custom in the formation of legislation, as well as the procedure for authorizing customs and filling gaps in law, the nature of the operation of legal customs is analyzed on a par with the law and in some cases instead of the law. The examples of judicial practice related to the legalization of legal customs and the practice of sanctioning legal customs within the framework of contractual relations, as well as options for the direct impact of customs on social relations, are considered on the example of certain types of legal relations. In addition, the author identifies the characteristic features that make it possible to define custom as a modern source of law, and establish the need for a more comprehensive study of the application of legal custom as a source of individual branches of law.
How to Cite:
Efimova O.A., (2021), LEGAL CUSTOM AS A SOURCE OF CIVIL LAW: THEORETICAL AND LEGAL PROBLEMS. Gaps in Russian Legislation, 6 => 66-70.
Reference list:
The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 № 1-FKZ) // Rossiyskaya Gazeta dated July 4, 2020 № 144
Civil Code of the Russian Federation (part 1, 2) NW RF from 05.12.1994, №32, Art. 3301; NW RF from 29.01.1996, № 5, Art. 410.
Family Code of the Russian Federation NW RF from 01.01.1996, № 1, Art. 16.
Resolution of the Plenum of the Supreme Court of the Russian Federation 23.06.2015 № 25 «About the application by the courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation».
Resolution of the Plenum of the Supreme Court of the Russian Federation 22.11.2016 № 54 2 «About some issues of application of the general provisions of the Civil Code of the Russian Federation on obligations and their implementation».
A.P. Anisimov About legal customs // Laws of Russia: experience, analysis, practice. 2009. № 11.
I.A. Ignatieva Legal custom in the regulation of relations on the use of natural resources and environmental protection // Vesnik Moscow University, Moscow: 2018. № 4.
Y.N. Karavaeva Custom as a source of legal regulation of property relations in the Russian Federation // Journal "Actual problems of Russian law". 2021. № 6.
V.E. Karnushin Unprovoked possession and protection. M .: Statut, 2015.
В.А. Laptev Russian legal customs in entrepreneurship. // Law and Economics. 2016 №2.
E.G. Lukyanova Problems of the theory of state and law / M .: Norma, 2021.
M.N. Marchenko The theory of state and law of Russia. In 2 volumes.Vol. 2. Law: textbook. M .: Prospect, 2020.
«Russian civil law: In 2 vols. The common part. Property law. Inheritance law. Intellectual rights. Personal non-property rights: Textbook» (volume 1) (2nd edition, stereotypical) (editor: E.A. Sukhanov) («Statute», 2021).
E.Y. Khanukaev Custom in the real law of the Russian Federation // Lawyer. 2017. №3.
E.Y. Khanukaev The place and significance of custom in the regulation of relations associated with the implementation of intangible benefits in the Russian Federation // Notary. 2017. № 5.
Keywords:
legal custom, historical aspect, civil law, obligation law, theory of state and law, law enforcement, court, legal consciousness.


Related Articles

PUBLIC LAW (STATE LAW) Pages: 14-19 Issue №72283
Expanding Powers of Higher Tax Authorities in Tax Process at the Stage of Resolving the Issue of Acceptance of Complaint for Consideration
tax process stage tax authorities taxpayer court
Show more
CRIMINAL LAW Pages: 203-210 Issue №24449
Features of Investigation and Disclosure of Crimes Related to Embezzlement in the Field of Railway Transport
crime embezzlement property criminal liability investigation
Show more
7. GAPS IN THE LAW, INTERNATIONAL PUBLIC LAW, INTERNATIONAL PRIVATE LAW Pages: 125-129 Issue №2490
CRIME AS OBJECTIVE STRATEGIC ANALYSIS
strategic analysis law enforcement crime
Show more
4. CRIMINAL LAW DISCIPLINES Pages: 210-214 Issue №19964
Selected Problems of Law Enforcement of the Federal Law "On the Fundamentals of the Crime Prevention System in the Russian Federation"
prevention delinquency law enforcement cybercrime prevention system
Show more
9. CIVIL LAW BUSINESS LAW FAMILY LAW; PRIVATE INTERNATIONAL LAW Pages: 200-203 Issue №18204
On the issue of civil liability in the use of artificial intelligence and other digital technologies
artificial intelligence digital technologies Internet law civil law
Show more
10. Human and civil rights and freedoms, guarantees of their provision Pages: 150-152 Issue №9089
ON THE QUESTION OF THE DEFINITION OF THE OBJECTIVES AND TASKS OF THE INTERNAL AFFAIRS BODIES IN ENSURING LAW AND ORDER DURING THE ELECTION CAMPAIGN
the purpose and objectives of internal Affairs bodies elections election campaign the campaign period law enforcement
Show more
8. Judicial, prosecutorial, human rights and law enforcement activities Pages: 126-128 Issue №2833
ON THE enforcement activity SPIRIT
scientific knowledge subjective spirit objective spirit the organization the concept
Show more
6. Criminal; Criminal enforcement law Pages: 134-137 Issue №11188
The Usage of modern information and communication technologies for revelation and investigation of crimes
sexual offence court criminalistics information and communication technology
Show more
7. Criminal law and criminology; Criminal enforcement law Pages: 151-156 Issue №15895
A retrospective analysis of the legislative and enforcement practices of anti-corruption
corruption retrospective law enforcement officers legislation law enforcement
Show more
10. CRIMINAL LAW AND CRIMINOLOGY Pages: 135-138 Issue №10327
Grounds for the occurrence and conditions for the implementation of the criminal procedural powers of the legal representative
legal fact events relationship legitimate submitted
Show more