Once again on the concept of civil law contract

Authors

  • A.A. Lyubchik Melitopol State University
  • O. G. Minkova Melitopol State University
  • N. V. Scherbakova Melitopol State University

DOI:

https://doi.org/10.17308/law/1995-5502/2025/2/66-76

Keywords:

civil law contract, legislative formulation of the concept of contract, unambiguity and multivalence of the concept of contract, violation of the principles of legal technique, doctrinal discussion on the concept of contract, adjustment of the concept of contract in the legislation

Abstract

The article analyses scientific views on the concept and essence of civil law contract. Scientific approaches to the definition of the contract of pre-revolutionary Russian authors, representatives of the Soviet legal school and modern researchers of this concept were investigated. The thesis is substantiated that in jurisprudence it is customary, according to the rules of legal technique, to ‘assign’ an independent legal concept to each legal phenomenon. The authors' critical approach to the scientific position of some scientists who justify the multivalence of the concept of civil-law contract is argued. Specific proposals to amend the wording of the concept of contract formulated in Article 420 of the Civil Code of the Russian Federation are formulated.

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Author Biographies

  • A.A. Lyubchik, Melitopol State University

    Doctor of Law, Professor, Professor of the Department of Public Law Disciplines

  • O. G. Minkova, Melitopol State University

    Candidate of Law, Associate Professor, Dean of the Faculty of Law

  • N. V. Scherbakova, Melitopol State University

    Candidate of Philology, Associate Professor, Head of the Department of Criminal Law Disciplines, Deputy Dean for Research

References

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Published

2025-08-20

Issue

No. 2 (2025): April – June

Section

Civil Law and Process