Contract as a source of law
Theoretical and legal aspects
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The system of sources of Russian law is in its infancy. The main source of law is a normative legal act, but the ideas about its legal nature, about the subjects of lawmaking, about the internal system of normative legal acts are changing. The sphere of application of legal custom is expanding. A special place among sources of law is occupied by a contract. Expansion of the sphere of application of legal agreements, as well as strengthening of the process of contract law-making as any society and state develops, is a progressive phenomenon. Treaty has long been recognized as a regulator of pub...
The system of sources of Russian law is in its infancy. The main source of law is a normative legal act, but the ideas about its legal nature, about the subjects of lawmaking, about the internal system of normative legal acts are changing. The sphere of application of legal custom is expanding. A special place among sources of law is occupied by a contract. Expansion of the sphere of application of legal agreements, as well as strengthening of the process of contract law-making as any society and state develops, is a progressive phenomenon. Treaty has long been recognized as a regulator of public relations, nevertheless, the issue of recognition of any treaty as a source of law remains a subject of discussion. The problem of sources of law is not purely theoretical. This problem becomes particularly acute in the course of law enforcement activities, in particular, in the resolution of cases by courts. The purpose of this study is to determine the range of sources of modern Russian law, to identify the place and role of the contract in the system of sources of law, to determine the legal nature of a non-normative contract.
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