The correct interpretation and application of civil law guarantees the exercise of rights and protection of interests of subjects of civil legal relations. For the correct use of a particular rule of law, it must first be correctly understood. Provisions should be interpreted in strict accordance with the content. Meanwhile, judicial practice and the application of civil law indicate that this requirement is far from always fulfilled.
Relevance of the problem
The practice of applying civil law is quite extensive. The Civil Code contains a large number of rules governing many areas of public relations.
For example, article 393 of the Code provides that a debtor who has not fulfilled (violated) an obligation shall indemnify the creditor for losses caused by its actions / inaction. However, exceptions are allowed from this requirement. So, 1 paragraph 394 of the article indicates that the legislation or the contract may provide for cases when the creditor can demand compensation only forfeit, not loss.
The application of civil law is carried out in accordance with the provisions of Article 6 of the Civil Code. This norm expressly stipulates that the provisions of the law should be interpreted on the basis of their literal meaning, taking into account the requirements of justice, integrity, reasonableness. Some courts, however, allow the incorrect application of civil law.
So, in one of the cases, the claim for the recovery of the penalty from the defendant was not satisfied due to the fact that the contract between the parties to the dispute did not provide such an opportunity. This decision contradicts the literal meaning of paragraph 1 of article 332 of the Civil Code. It establishes that the creditor may demand the payment of a penalty regardless of whether such a right is fixed in the agreement or not. The possibility of collecting a penalty is considered a universal measure of responsibility for breach of obligations.
Features of the content of terms
When applying civil law, every word that is present in the norm should be interpreted as it is understood in ordinary literature. Meanwhile, some definitions have specific content, which often does not coincide with generally accepted understanding.
For example, the term "responsibility" in many cases is considered as an obligation to perform certain actions. In the legal sense, this word implies the application to the violator of the requirements of certain measures of influence, the onset of adverse consequences for a person.
In ordinary life, the word "creditor" is used to denote a person who has lent someone money. Accordingly, the "debtor" is the entity obliged to return the funds. In the Civil Code, however, the debtor is a person who is obliged to perform at the request of the creditor any action stipulated by the contract or the law, including non-monetary in nature. For example, an agreement may establish an obligation to perform work or provide a service. The creditor, in turn, is a person entitled to demand the fulfillment of obligations under a contract or law.
Interpretation Nuances
When applying civil law, there is a need to use different terms that are rarely found in everyday life. Accordingly, people who are far from legal science and practice do not understand the meaning of many words. However, the rules of civil law are formulated in such a way that after the mention of a term follows its definition or a link to an article where it is disclosed. Examples of such rules are art. 23 on entrepreneurship, Art. 48 on legal entities, art. 21 on civil capacity, art. 334 on collateral and so on.
If the equivalence of verbal expression and the true content of the norm is in doubt, preference should be given to understanding that is consistent with constitutional provisions, as well as the basic principles of civil law, listed in article 1 of the Civil Code.
The influence of historical conditions
Some standards adopted before the approval of the modern Civil Code can be applied today. For example, article 17 of the law formally regulates the freedom of economic activity and the development of entrepreneurship is formally valid. Its provisions allow us not to accept disputes by the court if the parties, prior to the conclusion of the disputed agreement, did not transfer documents on the financial position certified by an independent audit organization to each other. However, applying this article, the courts should take into account that it was adopted at the initial stage of the reforms, when legal entities and citizens were not yet guaranteed absolute protection of their interests.
Implementation of the Civil Code in court practice
The proper application of civil law is of particular practical importance in disputes. Binding interpretation of the provisions of the Civil Code by the Plenum of the Armed Forces.
Meanwhile, in practice, court decisions that are not of a normative nature (adopted on specific disputes) are often taken into account. These acts are not binding, but their validity, legality, fairness and logic may be taken into account by other authorities in the interpretation of legal provisions on a similar conflict. In such situations, the application of civil law by analogy takes place.
Scientific Interpretation of Standards
Many scholars, lawyers, and experts analyze civil law provisions and express opinions on the correct application of civil law. This interpretation of the rules is called doctrinal.
This form of understanding of the provisions of the law is of particular importance in law enforcement practice, since it allows you to eliminate all kinds of errors. This, in turn, ensures the improvement of the legislative framework.
Nevertheless, each opinion expressed by experts, even recommended for use, cannot be considered mandatory.
System interpretation
It involves an analysis of the content of the norms in comparison with other legal provisions governing the same or similar legal relations.
For example, when applying measures of responsibility to the seller of a product of inadequate quality, it is necessary to take into account the general rules governing obligation relations.
In addition, a systematic interpretation involves understanding the place of a particular norm in the legal system. For example, according to para. 1 1 of paragraph 572 of the Civil Code, a deed of gift shall be deemed concluded either upon transfer of the property or at the time when the owner assumes the obligation to provide the item in the future. The correct interpretation of this norm is possible when comparing it with Art. 224 Civil Code.
Scope of interpretation
Depending on it, a literal, broad and restrictive interpretation is distinguished. The first takes place in cases of complete coincidence of the meaning and text of the norm. As a rule, when applying civil law, it is precisely the literal interpretation that is used.
In practice, situations often arise when the meaning of a position is already its literal text. In such cases, the interpretation of the rules is restrictive. For example, article 533 of the Civil Code of 1964 stipulated that household items and furniture were transferred to heirs who had lived with the owner for at least 1 year before his death, regardless of their order.
According to the literal interpretation of the norm, it turns out that the objects pass to all successors if the specified conditions are met. Meanwhile, the provisions of the norm should be interpreted restrictively. In particular, they should apply to those heirs who not only lived with the owner for at least a year before his death, but also used appropriate items to satisfy their daily needs. Otherwise, there is no need to establish a special legal regime for such things.
If the meaning of the norm is wider than the literal text, accordingly, an expansive interpretation is applied.
The application of civil law by analogy
Of course, the legislator cannot provide norms for absolutely all life situations. Often such relationships arise that either did not take place when the relevant legal provision was adopted, or were not taken into account by the legislator. In such situations, they speak of gaps in standards that need to be addressed.
However, before filling the gap, the relevant relationship should be resolved. In such cases, Article 6 of the Civil Code is applicable. It states that, if the relationship is not regulated by law or by agreement of the participants or if there is no suitable custom of circulation, the rules governing similar relations apply to them.
In particular, the application of civil law to family relations is based on this principle.