About Selected Aspects of Application by Courts of the Norms of Civil Legislation on Rent
https://doi.org/10.18384/2949-513X-2023-3-56-61
Abstract
Aim. Actualization of the problem of ambiguous judicial interpretation of the norms of civil legislation, the inevitable consequence of which is the existence of diametrically opposite decisions based on the application of the same provisions of the Civil Code of the Russian Federation.
Methodology. The article provides a brief analysis of the state of modern judicial practice that determines the position of courts regarding the interpretation of the norms of the Civil Code of the Russian Federation on lease. The methodology of the research is based, first of all, on a dialectical and systematic approach used in the analysis of the current state of the practice of judicial interpretation of the norms of civil legislation on lease.
Results. The authors come to the conclusion that the problem of a unified understanding of the law has not been solved satisfactorily at the moment. The lack of unity of judicial practice on certain issues of the application of the norms of the Civil Code of the Russian Federation on lease requires more active scientific development of such a category as the “legal nature of the contract” and the adoption of measures by the highest judicial instances to ensure a common understanding and application of the norms of the Civil Code of the Russian Federation on lease.
Research implications. The theoretical significance of this study is to actualize the scientific discussion both in terms of improving the legal technique that determines the clarity of legal norms, and in terms of the consistency of judicial interpretation of the provisions of the Civil Code of the Russian Federation. The practical significance of the article is determined primarily by the possibility of forming an argumentative base based primarily on empirical material necessary for the purposes of specific law enforcement.
About the Authors
A. V. Golysheva
Moscow City Pedagogical University
Russian Federation
Russian Federation
Antonina V. Golysheva – Cand. Sci. (History), Assoc. Prof., Department of Law, Institute of Economics, Management and Law
2-y Selskokhozyaystvenny proezd 4-1, Moscow 129226
V. G. Golyshev
Moscow City Pedagogical University
Russian Federation
Russian Federation
Vadim G. Golyshev – Cand. Sci. (Law), Assoc. Prof., Department of Law, Institute of Economics, Management and Law
2-y Selskokhozyaystvenny proezd 4-1, Moscow 129226
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