Russian jurisprudence borrowed the term "sources of law" in Rome.There are many meanings of the term.But when referring to the sources of civil law under them necessarily imply a form of expression of its norms.Their law enforcement and legal value depends on the installed and whether they are recognized by the state.Only in this way can be used for normalization of relations.When the sources of civil law is not formally recognized, they are not mandatory standards for all values and void.
In modern legal systems of developed countries the main form (ie, source) are the right laws.They are regulations that have the highest legal force.But the Soviet legal system influenced by the lack of market relations.For this reason, regulations, approved by the State shall be the only form of civil law.
Together with the entry into the world economy, it was necessary to take into account in its legislation and international legal provisions.Thus, the sources of the civil law of the Russian Federation should be included and recognized in the world of international principles and its rules, and those treaties that the Russian Federation concludes with other countries.
In the turnover of the property has always played the role of custom.However, in the Soviet jurisprudence it did not matter the source of any industry, although some references to it can be found there.The transition to a market economy has revived and it is a concept that is reflected in the new legislation.In fact, there is another form of civil rights.It was connected with the increased use of custom operations with the property.
clear that different sources of civil law other than the laws, carry a certain risk.After all, their recognition is not always recorded clearly and formally.In determining the meaning of the rules on individual cases possible arbitrariness of courts and the differences between stakeholders.It is for this reason that the rules of ethics and morality can not be included in the sources of civil law, despite the fact that many of them still form the basis of most of the laws.But since they can be used to clarify certain points by logical interpretation, they need to make the most of the formal and specific.
in the legal system of England and America, the main form of judicial precedent in favor of the right.This sentence, which the court shall issue in a given dispute.In Russia, it is not formally part of the sources of civil procedural law.However, sometimes it is still used in the practice of resolving disputes through the courts.Precedents are published on some issues that determine the conditions and the procedure for the application of laws, thereby greatly facilitating their use in resolving disputes.
civil doctrine, which is the interpretation of the law by scientists, formulated in the form of conclusions, is not considered as a source of law.It is not binding.The court may take into account the conclusions made by a competent person, or take them as a basis for changes in the laws, but legal force, they do not possess.
also sources of law can not be considered acts of local character or individual if they do not come from the government and do not impose mandatory standards for all.
Most legal entities set their own rules, regulations, documents and agreements within corporations.Submission they can only be voluntary, they are required only for those who belong to the organization and have agreed to comply with them.
Thus, the sources of civil law there are only three kinds:
- regulations or laws;
- international agreements, including with the participation of Russia;
- practices that are recognized and fixed by law (for example, business custom).
