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The concept and correlation of mandatory and dispositive norms in civil law regulation. Mandatory and dispositive norms of law Dispositive norms, as a rule, are not applied

Legislation
24.05.2021

The criterion for dividing the norms into mandatory and dispositive

The method of regulating public relations, applied in a specific legal norm, makes it possible to distinguish between mandatory and dispositive norms. Both the imperative and the dispositive method are used in the legal system, however, in some sectors, peremptory norms prevail, in others - dispositive ones.

Definition 1

The imperative method is a set of methods and techniques for regulating social relations, by which one subject is given power, and the other must obey it.

Definition 2

Dispositive method - a set of methods and techniques for regulating public relations, based on taking into account the initiative and expression of the will of the participants in such relations.

There are two approaches to dispositiveness in law:

  • material dispositiveness - most scientists believe that the initiative of the parties is possible in material legal relations (civil, family);
  • procedural dispositiveness - some scholars believe that dispositiveness applies only to the order procedural rights(filing a claim, recognizing it, concluding an amicable agreement).

Features of peremptory norms of law

Peremptory norms of law are characterized by the following features:

  • the categorical nature, the impossibility of deviation of the subjects of legal relations from the normative legal dictates;
  • the predominance of duties and prohibitions;
  • formulate the only possible behavior of the subjects of legal relations.

Mandatory legal norms are characteristic of public branches of law - criminal, administrative, procedural. The following legal regulations can be cited as an example:

  • Art. 81 Labor Code RF indicates the inadmissibility of dismissal of an employee at the initiative of the employer while on vacation or during illness;
  • h. 3 tbsp. 20 of the Criminal Procedure Code of the Russian Federation indicates that criminal cases private-public prosecution are not subject to termination due to the reconciliation of the parties.

Features of dispositive rules of law

Definition 4

Dispositive rule of law - a legal prescription that is binding on the parties public relations only if they themselves have not agreed on a different course of action.

Dispositive norms of law, as opposed to mandatory ones,

  • prescribe a variant of behavior, while providing the subjects of legal relations with the opportunity to independently regulate their rights and obligations;
  • legal rule applies if the parties have not settled their relationship in a contract or otherwise.

Dispositive norms also include

  • incentive norms - prescribe the provision of incentive measures for behavior approved by society and the state;
  • recommendatory norms - establish the options of behavior desirable for the state.

Dispositive norms are most often found in the branches of private law (civil, family, corporate). At the same time, certain dispositive norms and institutions can also be found in public law(for example, institute pre-trial agreement about cooperation). Examples of dispositive rules are:

  • clause 1 of Art. 516 Civil Code RF - in the absence of an agreement between the parties, settlements between the parties are carried out by payment orders;
  • h. 1 tbsp. 33 Family Code RF - the application of the legal regime of the property of the spouses, unless they have established another regulation by the marriage contract;
  • h. 4 tbsp. Code 46 administrative proceedings RF - the right of the parties to the administrative trial conclude an agreement on reconciliation.

Civil law is a set of regulations (and not legal norms, as legal branch) various legal force... At the same time, the normative acts covered by it in many cases have a complex, intersectoral nature, since they often contain not only civil law norms. Even in the Civil Code there are rules of a public law nature, for example, the rules of Art. 3 setting composition civil law... In acts of civil legislation, civil legal norms prevail, but very rarely completely supplant norms of a different legal nature. This is due to the fact that the legislator usually thinks about the content side, and not about the sectoral affiliation of the acts adopted by him. The norms contained in them, by virtue of their objective legal properties, are divided into public law and private law.

A fundamental feature of civil legislation is the presence in it of a large number of dispositive rules, which are effective only if the participants in the regulated relationship themselves do not provide for another version of their behavior. In other words, such rules are of a complementary nature, since they are designed to make up for the lack of the will of the subjects themselves for some reason. Such norms prevail in the regulation of contractual relations, i.e. property turnover (cf. paragraph 2, clause 4, article 421 of the Civil Code). They show the features of civil (private) law, which usually allows, allows participants regulated relations to choose the most acceptable variant of behavior within the general framework established by the law, endowing them for this with the appropriate legal possibilities. A dispositive norm usually contains a certain rule of conduct, provided with a clause "unless otherwise provided by the contract", which allows the parties to settle their relations otherwise than general rule provided by law.

However, in civil law there is also a significant number of generally binding, peremptory norms that do not allow any deviations from their content (especially when determining the status of subjects and the regime of objects of civil legal relations, as well as the content of property and exclusive rights). Moreover, in case of doubt about legal nature a specific civil law norm should be based on its peremptory nature, because the dispositiveness must be directly, unambiguously expressed in it, being still a feature, and not a general rule of legal, including civil law, regulation.



The normative acts included in the civil legislation constitute a very significant legislative body in terms of volume. Their inevitable abundance is caused by the breadth and complexity of the very subject of civil law regulation. At the same time, this circumstance makes it difficult to get acquainted with the current civil law and significantly complicates the establishment of the necessary relationships between the various acts that make it up. Therefore, it is for civil legislation that the solution to the problem of its systematization and streamlining is of paramount importance.

The main methods of systematization (streamlining) of legislation used by the state in the civil law sphere include incorporation, consolidation and codification.

Incorporation of normative acts is the consolidation of previously issued acts into a single source (collection) without changing their content. Formal incorporation usually takes the form of an approved by the highest government bodies a single set, collection or other collection of laws or other regulations. Examples of such incorporation are the Code of Laws Russian Empire and Collection of the current legislation of the USSR (which was not completed). Informal incorporations are represented by various collections of normative acts, usually of a thematic nature, prepared by their authors, including for educational purposes.

Consolidation of normative acts is a combination of a number of acts on a general range of issues into a single normative act, sometimes of even higher legal force. For example, current law on banks and banking activities replaced a number of previously available in this area scattered acts and individual norms of both legislative and subordinate nature. The advantage of consolidation is the possibility of some clearing of legislation when it is combined by abolishing (omitting) or replacing clearly outdated or repetitive norms, but without changing their content.

With a large number of changes (short stories) made to a law or other normative act, the possibility of its re-official publication in full (novelization) is also used, in which the old version of the act becomes invalid. So, in connection with a large number of changes in 1996, the Law on Banks and Banking Activities, adopted in 1990, and the Law on the Protection of Consumer Rights, adopted in 1992 were officially re-published.Unfortunately, this technique is rarely used by domestic legislators. , greatly facilitates application official text normative act.

The highest form of systematization of legislation is its codification, in which a single new law(less often - a subordinate normative act), which cancels the effect of a number of old normative acts. A feature of the code is its construction according to a certain system with the indispensable emphasis general provisions(general part) and its coverage of all the basic rules of the relevant field, which, in particular, predetermines the adoption of other regulatory acts in this area, including laws, in accordance with its norms and thereby - its central, system-forming place in the general complex of regulatory acts. Therefore, the code becomes the main source of law for the relevant industry.

In civil law, codification can be general (sectoral) or private (sub-sectoral, and usually complex). In the first case, it is expressed in the adoption of a civil code covering all the basic norms and institutions of this branch of law. In the second - in the adoption of a law, including in the form of a code regulating a certain narrow (sectoral or inter-sectoral) group of public relations (for example, the Housing Code, the Merchant Shipping Code, the Air Code, etc.), for which the development of some general provisions.

Legal regulations civil relations are governed by the relevant sections of the contractual agreements. In case of non-fulfillment of obligations by the parties, the problems are resolved in economic disputes. In both cases, typical scenarios are provided for the development of events in accordance with the scenario that meets the interests of the leadership of the subject. entrepreneurial activity... It should be noted that the main feature civil law is an element of discretion, expressed in the order of regulation of relationships in the process of cooperation in accordance with the terms of the contract. This is expressed in a complex combination of the provision of freedom of choice of law and in a legally limited number of rules for its implementation.

Regulation of legal relations

Everything legal action must be carried out within the framework of legally regulated circumstances. Without the application of legal norms, it is impossible to competently solve any aspect of life.

Imperative and Dispositive Norms

For example, the Criminal Code provides for a number of rules necessary for the implementation of the punishment procedure for each offense. They are grouped into sections, in accordance with the assignment to a specific type of offense. Each of them regulates the norms of behavior of individuals, depending on their assignment to one or another group of actions, which makes it possible to determine the way of organizing the activity, as well as the type of relationship with its participants.

Regulation of contractual relationships

All citizens are subject to legislative influence Russian Federation, as well as business entities. In the process of relationships, it is possible to apply an individual legal act determined by arbitration or contractual relations. In such a situation, the exercise of the right refers to one participant in the event. It can be presented in the form of an obligation, an action of authority.

In most cases, the requirements of the rules relate to both participants in the event aimed at implementing the activities of one of the parties to the agreement in order to settle the relationship. For the representatives of this side, mandatory behavior is established by documents and legislation, and for the other - possible actions.

Legal regulation methods

Dispositive characteristic

A dispositive rule of law is a generally recognized order of conduct established by agreement of the parties.

It defines broad freedom of action regarding the implementation of property rights within the framework of the current legislation of the Russian Federation. The parties independently determine the nature of the relationship. At the same time, they are given the opportunity to choose between certain models of behavior, subject to compliance with legal requirements.

What are mandatory and dispositive norms

Dispositive ones include legal norms in which the principle of limiting freedom of action for all parties to a contractual agreement is manifested. In the process of implementation defined by the agreement events, the activities of subjects are limited by their freedom of law.

The dispositive nature of relations between the parties to the agreement implies the reflection of legislative features in the documentation, taking into account the nuances of the current situation. It may require the introduction of some changes that are important for the implementation of the event, if its aspects are not fully reflected in the rules of law.

The application of the method not only guarantees an expansion of the range of possibilities for each participant in the transaction, but also provides an opportunity to alternatively change the terms of the relationship, if necessary.

An example of a dispositive rule can be clearly traced in the documentation of a regulatory nature. The relationship element can be applied in the execution of transactions, contractual relationships and statutory documents of legal entities. Its sign is the presence in the documentation of the standard clause "unless otherwise provided by the contract."

Read also: Probationary period: what is it

Peremptory norms establish, identify and regulate the duties and rights of the subjects, which must fulfill them unquestioningly.

It is not possible to make changes to an imperative-style agreement. The specific nature of civil law relations can be identified by the categorical textual part of the document, expressing the elements of the prohibition. It is characterized by the phrases: "invalidity", "cannot", "unacceptable."

What is regulated by a peremptory norm of law

The use of imperativeness in relations establishes the legal obligations of the parties, as well as forms the possibility of exercising their rights. It helps to identify and research the specifics of legislative norms and their patterns in common system relationships.

Giving a note of imperativeness to relations between subjects can be carried out taking into account various signs:

  • specific, concerning individual characteristics;
  • general, which are standard that can be applied to any situation;
  • permanent and temporary;
  • determining the nature of external relations or with the use of concretized interpretations of the circumstances of the event;
  • defining the method of regulation, which can be stated in the form of prohibitions, prescriptions or obligations;
  • by the method of influence, which involves the regulation of relations and ensuring their safety from the influence of negative factors;
  • the fact of the presence of a materially binding order of behavior;
  • defining a general action or action directed at a certain group of persons.

Conflict rules

Conflict rules are applied to determine the priority of using the legislative parameters of a particular state from the general list international actors participating in the event. Their use is relevant only in situations where it is possible to apply such substantive rules that will solve the problem that has arisen.

What is a conflict of laws rule

Conflict law is applicable to contractual agreements between entities in the context of international traffic, provided that the legislative order of several states can claim the regulation of relations. Legal conflict of laws rules solve this problem by subordinating all states participating in the event to the legislative legal relations of a particular country.

Practical application of conflict of laws

The conflict of laws rules include two elements that contribute to the solution of the arisen problem of international importance:

  • concretizing relations to which it can be applied;
  • indicating the law, the elements of which are to be applied, taking into account the requirements of the legislation of international importance or a particular state.

Mandatory norms are requirements that are documented in a contractual agreement in a categorical form, the content of which cannot be changed at the initiative of the event participants. A peremptory conflict of laws rule is understood as a rule that cannot be abandoned in the process of implementation by the subjects of contractual obligations.

Dispositive notes give autonomy to decisions of participants in international transactions. The relatively imperative nature of the relationship determines the order, from the rules of the implementation of which can be waived, subject to the conditions specified in the contract.

Unilateral norms define the boundaries of the use of their own rights. Bilateral relations take into account the procedure for the application of legislative rules that have national and international significance... The basis for the formation of the rules of the relationship of a conflict of nature between the parties to the agreement can be taken from non-state legal regulations and the provisions international treaty, unifying the solution to a specific issue.

Nuances and features of the application

In reality, contractual relationships often require appropriate legal authorization. However, the legislation does not provide for the procedure and rules for the application of mandatory and dispositive norms, which ensures legal inconsistencies. To resolve them, special techniques are used by analogy with law and law. Until 1998, these elements were provided for in the legislation, however, after this period it was revised and legal norms began to focus on substantive law. Today, a rule is used that is responsible for the regulation of identical relationships.

1. The most important feature of the method of civil law is the dispositiveness of legal regulation, expressed in the fact that the legal norms established by civil legislation often provide subjects with wide freedom in defining and exercising their property rights and contain a large number of dispositive rules.

Dispositive norm- This is a rule that applies insofar as the agreement of the parties does not provide otherwise (Article 391 of the Civil Code). The parties are given the right to determine the nature of the relationship between them in full or to a certain extent at their own discretion, and also given a fairly wide choice between several options for behavior, but within the limits established by law. The dispositive norm manifests the principle when the freedom of everyone is limited by the similar freedom of others.

The dispositive nature of legal norms is evidenced by the clauses contained in them of the type "unless otherwise provided by the contract." Examples of dispositive norms, i.e. the rules that, by establishing a rule, allow the parties to a civil relationship at their own discretion in the contract to change it, in particular, are: Article 211, Article 212, Clause 1.2, Article 221, Clause 1, Article 224, Clause 1 article 238, article 251, clause 1 of article 254, clause 2 of article 257, article 455, clause 2 of article 713, etc.

2. Mandatory norms civil law precisely define the rights and obligations of subjects; they contain rules that the subjects of legal relations are obliged to strictly follow, without being able to change them in the agreement. The wording of the text testifies to the imperative nature of civil law norms; it contains an expression of obligation in a categorical form or a categorical prohibition. In particular, prohibitions such as “not allowed”, “cannot”, “invalid”, etc. indicate the imperative nature of the norm.

Thus, the norm of Article 21 of the Civil Code has an imperative character, according to which “no one can be limited in legal capacity and capacity other than in the cases and procedure established by law”. In this case, the legislator directly points to the imperative nature of the legal norm, paying particular attention to the inadmissibility of an agreement between the parties on the issue of limiting the legal capacity and capacity of citizens. The norms of clause 3 of article 163, clause 1 of article 166, article 199, article 550, clause 2 of article 603, article 638, article 1040 of the Civil Code, etc.

There are a significant number of legal regulations that contain definitions legal concepts, as well as rules of a reference nature (blanket).

So, in Article 19 of the Civil Code, the concept of a citizen's place of residence is defined, which is recognized as locality where the citizen permanently or predominantly resides. In accordance with Article 390 of the Civil Code, an agreement is recognized as an agreement of two or more persons on the establishment, change or termination of civil rights and obligations.


Norms-concepts are contained in Art.3, Art.11, Art.63, Art.424, Art.476, Art.554, Art.643, etc. ; Part 2, Clause 1, Article 578; Clause 2 of Article 578; Article 642; clause 4 of article 772, etc.

3. In law enforcement practice sometimes situations arise when it is obvious that a disputed relationship requires legal resolution, however, this is not provided for by a specific rule of law. A situation arises when the law enforcement officer discovers a gap in the legislation. Legislative gaps exist mainly due to two reasons: first, as a result of the emergence of new social relations that did not exist at the time of the adoption of the law and could not be taken into account by the legislator; secondly, due to omissions in the development of the law. It is obvious that relations cannot remain unsettled until the discovered gap is eliminated. In such cases, special techniques are usually used: analogy of law and analogy of law.

The analogy of the law and the analogy of law were previously provided for by the civil procedure legislation. The Civil Code of 1998 transformed this rule into a norm of substantive law, establishing the universality of its application by all participants in legal relations and all law enforcement agencies.

So, Article 5 of the Civil Code establishes that in cases where the relations provided for in Article 1 of the Civil Code are not directly regulated by acts of legislation or by agreement of the parties, to such relations, since this does not contradict their essence, the norm of civil law governing similar relations is applied (analogy of the law ).

The analogy of the law can be applied if the following conditions are met:

1) the public attitude, which requires settlement, according to its characteristics is included in the subject of civil law, i.e. is property or personal non-property; 2) public relations are not regulated by the norm of civil law or by agreement of the parties; 3) there is a civil law norm regulating a similar social relationship, and this does not contradict the essence of the relations to be settled. To apply the analogy of the law, it is necessary to have specified conditions In total.

With the development and significant updating of civil legislation, the scope of application of the analogy of the law narrows, since an obstacle to the application of the analogy of the law, as already mentioned, is the existence of a civil law norm regulating public relations, or an agreement of the parties.

In some cases, the law itself provides for the extension of the rules governing certain relations to other relations mentioned in it. So, in accordance with Article 538 of the Civil Code of the Republic of Belarus, the rules on sale and purchase (Chapter 30) are applied to the exchange agreement, if this does not contradict the rules of Chapter 31 and the essence of exchange.

In this case, we are not talking about the analogy of the law, we are talking about legal regulation relations stipulated by the Civil Code, by directly extending to them some of the rules relating to similar relations regulated in the code. This technique is used by the legislator in order to prevent repetitions in legal regulation in the presence of coinciding points in both respects that require uniform legal regulation.

Nor should the analogy of the law be confused with a broad interpretation. The latter presupposes the existence of a norm that, within its meaning, covers a case not directly specified in the text of the norm.

4. If it is impossible to use the analogy of the law in these cases, the rights and obligations of the parties are determined based on the basic principles and meaning of civil legislation (analogy of law) (clause 2 of article 5 of the Civil Code).

The application of the analogy of law is justified in the presence of two conditions: when a gap in the legislation is found and in the absence of a rule regulating similar relations, which makes it impossible to use the analogy of the law. General principles of civil legislation, i.e. the principles of civil law are formulated in Article 2 of the Civil Code. The "meaning of civil legislation" is usually understood as its characteristic features, enshrined in the subject of civil law.

It is not allowed to apply by analogy the norms limiting civil rights and establishing liability. The use of the analogy of law and the analogy of law is possible not only law enforcement, in particular, by the courts, but also by other subjects of law enforcement, which significantly expands the range of their civil rights. In any case, the application of the law by analogy, the law enforcement body is obliged to justify this.

Interpretation of civil law- an important stage of law enforcement. Before applying a specific rule of law, it is necessary to understand its true meaning, and in some cases to clarify. Clarification of the content (meaning) of a civil law norm by eliminating the ambiguities found in it is achieved in the process of interpretation. The reasons for ambiguity can be both objective and subjective: the complexity of specific terminology, legal structures, the system of reference norms, the abstract nature of the norm, etc.

Depending on the subject of the interpretation and the legal consequences to which the clarification leads, a distinction is made between official and unofficial interpretation.

The official interpretation is given by the authorized entities - state bodies, officials... So, in accordance with Article 70 of the Law of the Republic of Belarus of January 10, 2000 "On Normative Legal Acts of the Republic of Belarus" in the event of ambiguities and differences in the content of a normative legal act, as well as contradictions in the practice of its application, a rule-making body (official) , which adopted (issued) this act, or, unless otherwise provided by the Constitution of the Republic of Belarus, the body authorized by it carries out the official interpretation of these norms by adopting (issuing) the corresponding normative legal act.

The official interpretation orients law enforcement officers towards an unambiguous understanding of legal norms and their uniform application. Authentic interpretation takes place when the meaning of a legal norm is explained by the same body that adopted legal act... Casual interpretation is also official, but it does not have a generally binding value, it boils down only to the interpretation of a legal norm, taking into account its application to a specific case. It is given in relation to the consideration of a specific case and is mandatory only for him.

Informal interpretation is an explanation of the rule of law that is not legally significant. It can be professional, ordinary, doctrinal. In particular, scientific (doctrinal) interpretation takes place when the meaning of a legal norm is explained by scientists in literary sources, commentaries on laws and codes, at conferences, etc. Scientific interpretation is not generally binding, but its significance is great, since doctrinal interpretation influences the understanding of the meaning of normative legal acts by those bodies (officials), the interpretation of which is binding.

2. The main methods of interpretation are distinguished: grammatical, logical, systematic, historical.

The grammatical (philological, linguistic) way of interpretation is an understanding of the meaning of a civil law norm based on an analysis of the text of a regulatory legal act, taking into account the rules of grammar, identifying the terminological meaning of individual words. So, according to Article 203 of the Civil Code, as the grounds for suspending the course of the term limitation period there is an irresistible force - an extraordinary and unavoidable circumstance under the given conditions. The legislator in this case uses the connecting union "and", that is, the recognition of a specific legal fact fact of action force majeure depends on whether it is characterized as an extraordinary and at the same time unavoidable circumstance under the given conditions.

With a logical method of interpretation, the meaning of the norms of civil legislation is revealed taking into account the provisions of formal logic. So, in accordance with Article 521 of the Civil Code, the contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties. The question arises, is it necessary to notarize the contract for the sale of the house? A direct answer to Art. Art. 521, 522 of the Civil Code, as well as the norms on the form of transactions (Articles 159-166 of the Civil Code) do not contain. To answer the question posed, it is necessary to resort to the appropriate logical reasoning. Article 1147 of the Civil Code provides that before the entry into force of the act of legislation on the registration of rights to real estate and transactions with him for contracts provided for by Article 522; 531; Clause 3 of Article 545 of the Civil Code, the rules on compulsory notarization of such agreements, established by the legislation in force before the entry into force of the Civil Code of 1998, remain in force. g., with amendments and additions dated March 3, 1994, the purchase and sale of the house had to be notarized. At present, in connection with the entry into force of legislation on registration of rights to real estate and transactions with it, this peremptory norm has actually lost its significance.

With a systematic interpretation, the meaning of a norm is established by comparing it with other norms; identifying the general and the special in individual norms on the same issue. This method is most clearly manifested when comparing the norms of the general and special parts of civil law.

For example, compensation for losses in case of failure to fulfill an obligation and payment of a penalty for failure to fulfill it according to the general rule of clause 2 of article 367 of the Civil Code relieves the debtor from fulfilling the obligation in kind. However, when deciding on the seller's liability in the event of failure to fulfill his obligations under the retail sale contract, one should be guided by special regulation Article 475 of the Civil Code, which contains an imperative by virtue of which compensation for losses and payment of a penalty does not relieve the seller from fulfilling the obligation in kind.

Historical (historical and political) interpretation aims to establish the meaning of the rule of law based on the conditions of their emergence. With the help of this method of interpretation, the historical conditions for the publication of a normative act, the socio-political goals pursued by the legislator are clarified. This method helps to identify such legal norms that, although formally, have not been canceled, but in fact are no longer valid; that is, social relations, which the norm regulated, have lost their meaning or have changed significantly. In the example, which was analyzed earlier and related to the answer to the question about the obligation to notarize the sale and purchase of a house, in particular, the historical interpretation was also used.

3. Depending on the result of interpretation, the norms are distinguished literal, restrictive and expansive (expansive) interpretation.

Literal interpretation is the most typical and frequently encountered type of interpretation, when the “spirit” and “letter” of the law coincide, i.e. the verbal expression of the norm and its actual meaning are identical. In some cases, there is no such overlap, while an exception may be subject to broad and restrictive interpretation.

With the expansive, the meaning and content of the norm is broader than its verbal expression. So, in accordance with Article 154 of the Civil Code, transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. However, the state can also be a party to transactions, which follows from clause 1 of Article 124 of the Civil Code, according to which: “The Republic of Belarus, administrative-territorial units participate in relations regulated by civil legislation, on equal terms with other participants in these relations - physical and legal entities". Thus, a systematic interpretation leads in this case to a broad understanding of Article 154 of the Civil Code.

A broad interpretation is not allowed if it is an exception to the general rule, as well as when an exhaustive list of the circumstances in which it is applied is given in a civil law norm. In some cases, the verbal formulation of a legal norm turns out to be broader than its true meaning. In this case, a restrictive interpretation is used.

For example, clause 3 of article 226 of the Civil Code regulates the procedure for registering ownerless immovable things, the conditions for recognizing the right of communal ownership of these things. And although in accordance with paragraph 1 of Article 130 of the Civil Code to immovable things include, among other things, land, the norm of clause 3 of article 226 of the Civil Code is not applicable to land, since the land cannot be in communal ownership in accordance with land legislation. Termination of ownership of land in the event voluntary refusal from it, as well as in cases of its non-use (irrational use) is regulated by land legislation.

The use of various methods of interpreting the norms of civil legislation contributes to the precise establishment of the meaning of the legal norm and its more effective application in practice.

Behaviors that are subject to concretization and clarification by agreement of the parties to the relations regulated by these norms or at the choice of the subject of law. The term "dispositive" (from Lat. Dispositivus - disposing) letters means "allowing choice." can themselves, by mutual agreement, establish their rights and obligations. These norms contain a certain prescription only if they have not settled certain relations by their agreement. The presence of D.N.p. - a concrete manifestation of the democratism of law, which, within the framework of the law, gives scope to the expression of the will of the participants in a regulated social relationship. The norms of modern civil law of the Russian Federation, in particular those contained in the Civil Code of the Russian Federation *, are predominantly dispositive in nature.


Big Law Dictionary... Academic.ru. 2010.

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