Категория разумности в договорном праве

The article examines the category of reasonableness in contract law as one of the fundamental legal principles. Modern civil legislation, along with the requirements of good faith and fairness, emphasizes the need for the conduct of legal subjects to comply with the principle of reasonableness. The author notes that reasonableness is an evaluative concept, granting legal practitioners a certain degree of discretion in interpretation depending on the circumstances of a particular case. Reasonableness is closely connected with the living conditions of society and the individual, reflecting historically established ideas of what is proper and improper. It is emphasized that law provides the normative expression of reasonableness, thereby defining the limits of freedom of contract and ensuring a fair distribution of obligations between the parties. The conclusion highlights the necessity of further developing theoretical and practical criteria of reasonableness in civil law to achieve a balance of interests in contractual relations. Keywords: reasonableness, contract law, civil legislation, principle of good faith, principle of fairness, law enforcement, evaluative categories, freedom of contract, criteria of reasonableness, legal interpretation.

Authors

Publication Details

Journal
Scientific works Adilet
Published
2025-01-01
DOI
https://doi.org/10.54649/2077-9860-2025-1-63-67
Primary Topic
Education and Social Development in Ukraine
Type
article
Field-Weighted Citation Impact
0.00
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article

Категория разумности в договорном праве

E.B. Ovdienko
Scientific works Adilet
Education and Social Development in Ukraine
article

Категория разумности в договорном праве

E.B. Ovdienko
article en

Abstract

The article examines the category of reasonableness in contract law as one of the fundamental legal principles. Modern civil legislation, along with the requirements of good faith and fairness, emphasizes the need for the conduct of legal subjects to comply with the principle of reasonableness. The author notes that reasonableness is an evaluative concept, granting legal practitioners a certain degree of discretion in interpretation depending on the circumstances of a particular case. Reasonableness is closely connected with the living conditions of society and the individual, reflecting historically established ideas of what is proper and improper. It is emphasized that law provides the normative expression of reasonableness, thereby defining the limits of freedom of contract and ensuring a fair distribution of obligations between the parties. The conclusion highlights the necessity of further developing theoretical and practical criteria of reasonableness in civil law to achieve a balance of interests in contractual relations. Keywords: reasonableness, contract law, civil legislation, principle of good faith, principle of fairness, law enforcement, evaluative categories, freedom of contract, criteria of reasonableness, legal interpretation.

Scientific works Adilet(1)
Openalex Percentile: Top 71%
Education and Social Development in Ukraine
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Категория разумности в договорном праве — E.B. Ovdienko · Scientific works Adilet (2025) | TGRS Research Map | TGRS