The civil law principle of equality

At the beginning of the article the author makes conclusions used as a starting point in further reasoning on the basis of the criticism of existing opinions on the nature of civil equality. So, the author says that the equality of entities is a specific feature of civil communication, but not the actual relations regulated by the civil law norms. Along with actual equality, subjects of civil legal relations have the autonomy of will and property independence. The relevant participants of the property turnover are vested these qualities precisely because the civil branch construction is based on the principle of equality. Given that the implementation of the principle of equality provides for successful legal regulation of the quality of civil legal relations as a specific social context, equality of subjects of law that will never enter into a civil relationship does not matter in civilistic terms. After all, they are equal as subjects of other branches, which, in particular, reveals a manifestation of the general principle of equality (equality before the law). Therefore, with respect to the principle of equality we should talk about those subjects of civil law that are bound by specific civil legal relationship or intend to enter such a relationship. The equality of subjects of civil legal relations must be ensured at all dynamic stages of this relationship, starting with its occurrence. Therefore, equality is laid in the pre-assumptions of the civil-legal relations, including the rule of law, legal personality and legal facts. However, attempts to detect equality of legal personalities of all the participants of the property turnover are unjustified, because one of the tasks of the civilistic branch is to create conditions under which persons with different legal personalities that enter legal relations will be in an equal legal position in this particular case, not in general. The results of the study provide a brief formula of the civil law principle of equality as the leading idea, by which civil law is intended to ensure and support legal equality, autonomy of will and property independence of participants of specific civil matters, to reduce thereby their actual inequality that stems from the legal entity and (or) socio-economic conditions.

Keywords

Authors

References