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Golubtsov V.G. Evaluative Concepts in European Private Law

DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.3

Valery G. Golubtsov, Doctor of Sciences (Jurisprudence), Professor, Head of the Department of Business Law, Civil and Arbitration Proceedings, Perm State National Research University, Bukireva St., 15, 614990 Perm, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-3505-2348


Introduction: the author refers to the generalizing concepts contained in the Model rules of European Private Law (DCFR). According to the Russian tradition, emerged in the Soviet legal science, such concepts are referred to as evaluative ones. The positive and negative results of their use by the legislator in the text of normative acts are sufficiently investigated in the doctrine. The main part of the research in this direction concerns the definition of these concepts and the legal uncertainty reported to the law by such concepts. Purpose: based on studying the experience of using evaluative concepts in the administration of justice in the European countries on the basis of supranational norms, to address the problems of applying these evaluative concepts in the post-reform period. Methods: the methodological framework for the research was the general scientific (dialectical) method of cognition. The specific scientific methods of cognition such as comparative law, formal legal, logical, and systematic approaches were also used. Results: european private law adopted a different approach to the perception of evaluative concepts, which has gained today the status of supranational law for Europe. In European private law, the generalizing concepts have a certain hierarchy at the top of which there is such a thing as “good faith and honest business practice”, which acts as a general clause that permeates all the institutions and their concepts. Conclusions: thus, as higher order constructs, the generalizing concepts are of interest to science, practice and the legislator from the standpoint of the objectives of law, the general principles of law and values that are above the law. 

Key words: model rules, supranational law, standards, normative generalizations, integrity, honest business practice.

Citation. Golubtsov V.G. Evaluative Concepts in European Private Law. Legal Concept, 2019, vol. 18, no. 2, pp. 19-29. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.3

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