SYSTEMATIC INTERPRETATION OF NORMS OF CIVIL LAW

Abstract

The article is devoted to the study of theoretical issues of systematic interpretation in civil law. A feature of systemic interpretation is that it interprets both the original norm and other norms related to it. Systematic interpretation proceeds from the presumption of the logical unity of the law. The existing contradictions and gaps in the law are perceived as a deviation from the general rule. As a result, the systematic method of interpreting a rule of law must be understood as a way of clarifying and clarifying a rule of law, a set of techniques, the use of which, based on a comparison of two or more norms that regulate different aspects of the same type of social relations, allows revealing the systemic the content of the norm being interpreted. Systematic interpretation of legal norms together with other methods (grammatical, specially legal, logical, historical) in its totality ensures comprehensive awareness by the interpreter of the meaning and content of the norm being interpreted. Theoretical development of the problems of systematic interpretation in civil law is recognized as one of the important and urgent tasks of civil studies, since interpretation belongs to the legal ways of overcoming gaps, collisions and contradictions in civil law. From a general theoretical standpoint, the interpretation of legal norms is considered as a systemic phenomenon, the concept of "systemic interpretation" is specified, its functional purpose in civil law is determined, characteristic features and signs of interpretation in civil law are identified. Systemic interpretation is defined as an intellectual-volitional activity based on the system of civil law, which covers the entire mechanism of civil law regulation and reflects, on the one hand, the internal cognitive mental process, which consists in clarifying the meaning and establishing the content of civil law norms, as well as and the objectified external result of such a cognitive (thinking) process in the form of an interpretative act, a legal recommendation.