Subsidiary application of norms of civil law
The unity ofthe subject of legal regulation as a social system allows speaking about the unity of branches of law. Therefore, in the same standard it ispossible to find articles containing norms of various branches of law. The legislator is practical. It is guided by the principle of economy,rational using the product of work - legislative material. Owing to it, norm making is quite sound when instead of stating the alreadypublished rules in a new legal act; a reference is made to their sources. Such references should not be perceived as a way of definition ofan accessory of this or that group of relations to the subject of legal regulation of a certain branch. In such cases subsidiary (borrowed)use by one branch of the norms of another branch takes place. All contracts about work are necessarily labour transactions. In this sense,it is possible to say that the term labour transaction is capable of carrying out the function of a patrimonial concept necessary for thescientific analysis of any contracts (agreements), arising in the sphere of employment dependent work in a broad sense of this word.Labour transaction quite satisfies the requirements of a patrimonial concept, as it is, firstly, the phenomenon, which is real. Secondly, itis certain actions of subjects in the sphere concerning hired dependent work. Thirdly, it can be voluntary. Fourthly, it is directed to occurrence(establishment), change (perfection) or termination of legal relations in the wage labour sphere. Fifthly, labour transaction generateslegal relations provided not only by the contract, but also by law. Thus, the parity of law and the contract has no constant limit, forexample, in volume, form, differentiating line. The principle that operates in this case is: the less one (legal regulation), the more theother (the discretion of the parties).
Keywords
субсидиарность, норма, договор, subsidiarity, norm, contractAuthors
| Name | Organization | |
| Lebedev Vladimir M. | Tomsk State University | prirodares@mail.ru |
References