PREREQUISITES FOR THE APPLICATION AND GROUNDS FOR FIXING THE EVALUATION CONCEPTS OF CIVIL LAW IN THE LEGISLATION

Abstract

The growing trend in recent years to apply a more flexible dispositive approach to the regulation of civil relations requires a scientific justification of the need and limits of the use of evaluative concepts in civil legislation. This paper is devoted to the study of the basics of the application of evaluative concepts in civil law. In order to identify and substantiate the reasons for the existence of evaluative concepts in law, the author relied on the general scientific, formal legal and system methods to analyze the prerequisites and goals of fixing these concepts in legislation, the moral and ethical component of civil turnover. The article substantiates the features of applying the moral and ethical concepts of civil law: good faith, reasonableness and justice. The complexity of applying evaluation concepts requires both doctrinal justification and legislative consolidation of approximate criteria, main features and content of individual evaluation concepts in the rules of law in order to apply them uniformly and limit the discretion of the law enforcer.