Autonomy of the will: evolution of juridical doctrine and legal norms

In the article on the basis of statistical methods, the use of the term “autonomy of will” in judicial acts by the law enforcement officer is characterized. It is noted that the meaning of the relevant legal category is not sufficiently defined, which is the reason for its relatively rare (in comparison with “freedom of contract”) use in the texts of court rulings. Amendments made to civil legislation concerning decisions of assemblies, pre-contractual relations and the procedure for changing and terminating multilateral agreements are interpreted as the result of a change in the legal paradigm supported by a legislator. Deeply realized over the years of the functioning of the market economy, reinforced by data from related fields of scientific knowledge, the ability to regulate public relations in a decentralized manner by the will of many people has changed the ideas about the nature of the autonomy of participants in civil turnover, the nature of centralized regulation of public relations and the meaning of legal norms.

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Publication Details

Journal
Gosudarstvo i pravo
Published
2024-10-27
DOI
https://doi.org/10.31857/s1026945224080135
Primary Topic
Diverse Legal and Medical Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Autonomy of the will: evolution of juridical doctrine and legal norms

Vladimir A. Boldyrev, В. А. Максимов
Gosudarstvo i pravo
Diverse Legal and Medical Studies
article

Autonomy of the will: evolution of juridical doctrine and legal norms

Vladimir A. Boldyrev, В. А. Максимов
article en

Abstract

In the article on the basis of statistical methods, the use of the term “autonomy of will” in judicial acts by the law enforcement officer is characterized. It is noted that the meaning of the relevant legal category is not sufficiently defined, which is the reason for its relatively rare (in comparison with “freedom of contract”) use in the texts of court rulings. Amendments made to civil legislation concerning decisions of assemblies, pre-contractual relations and the procedure for changing and terminating multilateral agreements are interpreted as the result of a change in the legal paradigm supported by a legislator. Deeply realized over the years of the functioning of the market economy, reinforced by data from related fields of scientific knowledge, the ability to regulate public relations in a decentralized manner by the will of many people has changed the ideas about the nature of the autonomy of participants in civil turnover, the nature of centralized regulation of public relations and the meaning of legal norms.

Gosudarstvo i pravo(8)
Saint Petersburg Institute of Law named after Prince P. Oldenburg (RU), Russian State University of Justice (RU), Kazan Law Institute (RU)
Openalex Percentile: Top 67%
Diverse Legal and Medical Studies
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