Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Regulation Mechanism of Private Legal Contracting Relations in Civil Law

Author(s): Andrii Hryniak, Oleksii Kot, Mariana Pleniuk

Legal regulation is one of the fundamental categories of legal reality, because the essence and social importance of law become apparent exactly through regulation of certain phenomena. Law action may be observed only through the coordinated legal mechanism, which is composed from relevant elements of the legal system. In case of complications or impossibility of efficient regulation of social relation, only those elements, which caused corresponding consequences, have to be improved. Considering the above mentioned, it is stated in the article that legal regulation of contracting relations is a set of legal means of state authoritative effect with help of which certain factors (customer, contractor, general contractor, subcontractor, under subcontractor) influence liability legal relations on works performance by provision of precise contract terms in order to fix, adjust, secure and protect relations between them. The mechanism of legal regulation of contracting relations is understood as a range of elements ensuring regulating and defending functions of settlement, which is a specific system with its proper internal arrangement aligned according to specific logics.