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CATEGORIZATION OF LEGAL CUSTOMS OR CATEGORIZATION OF THE LEGAL CUSTOM RATES IN CURRENT CIVIL LAW (STATING THE ISSUE)

Trofimov Yaroslav Valerievich

Candidate of Juridical Sciences, Associate Professor, Department of Civil Law and Process, Volgograd State University

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Krasnov Sergey Yurjevich

Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University

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Abstract. The authors of the article conduct the short critical analysis of categorizations of custom business turn (legal custom) and categorizations of the rates in business turn customs (legal customs) developing in current civil law. The authors offer the lawmaker and the scientific doctrine of the civil law to abandon the wrong approach in the choice of the object to categorizations. Not the customs of the business turn themselves (legal custom) as the forms of the expression of the legal rates, but only the rates business turn customs (legal customs) must be assumed as the object to categorizations.

Key words: custom of the business turn, legal custom, rates of business turn custom (legal custom), source of the civil law of Russia, categorization, civil law.

 

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