Limits of Government Intervention in the Regulation of Civil Law Relations in the Republic of Tajikistan

DOI

10.2991/tphd-18.2019.80How to use a DOI?

Keywords

freedom of contract; presumption of permissive rules; boundaries of mandatory principles; legal system; national mindset; customs; traditions

Abstract

The analysis of the civil legislation provisions of the Republic of Tajikistan with respect to the correlation of mandatory and permissive principles of the regulation of civil law relations presents one of the most important tasks. Conducting such an analysis makes it possible to detect contradictions in terms of the consolidation of permissive and mandatory principles of regulation. The question of the relevance of excessive intervention of government in the regulation of civil law always depends on the legal system of a particular country. It is the legal consciousness and legal mindset that are the starting point for the creation of legal presumptions of legal norms. The national mindset plays the role of an ideological factor that influences the process of the formation of law in society and the establishment of legal presumptions. The presumption of permissive rules in its true meaning, as it is understood in European law, is not entirely acceptable for the legal system of the Republic of Tajikistan in terms of the regulation of civil law relations. Limited legal awareness, far from European ideals, is the fear of the intensification of permissive principles of contractual law, which may contribute to an uncontrolled decline in contractual discipline and other abuses of participants of civil circulation.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Takhmina Sultonova
PY  - 2019/04
DA  - 2019/04
TI  - Limits of Government Intervention in the Regulation of Civil Law Relations in the Republic of Tajikistan
BT  - Proceedings of the International Conference "Topical Problems of Philology and Didactics: Interdisciplinary Approach in Humanities and Social Sciences" (TPHD 2018)
PB  - Atlantis Press
SP  - 427
EP  - 431
SN  - 2352-5398
UR  - https://doi.org/10.2991/tphd-18.2019.80
DO  - 10.2991/tphd-18.2019.80
ID  - Sultonova2019/04
ER  -