APPLICATION OF THE ANALOGY OF THE LAW TO CIVIL RELATIONS

Анотація

The article substantiates the need to pay great attention to the content of paragraph 1 of Article 6 of the Civil Code when applying the analogy of the law to civil legal relations. As for those cases where the grounds for applying the norms of civil law by analogy are incomplete or unsuccessful. If there is a lack of completeness or failure of legislative wording, the way out should not be sought in a deviation from the letter of the law, but in the search for those legislative provisions that are subject to preferential application before paragraph 1 of Article 6 of the Civil Code. Such legislative provisions include Article 11 of the Civil Procedure Code and Article 13 of the Agro – Industrial Complex. However, in the scientific literature, the means of resolving conflicts between Article 6 of the Civil Code, on the one hand, and Article 11 of the Civil Code and Article 13 of the Agro – Industrial Complex, on the other, are never considered. The article attempts to separate these collisions. At the same time, the methodological tools developed by the Crimean Legal Scientists are used.

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