| dc.description.abstract | The purpose of this article is to substantiate the influence of the methodology of private
law on the processes of law-making and law enforcement. Pursuing the goal of presenting broad coverage
of the issue, the authors tend towards a narrative style that favors simplicity over generality or rigor.
Research methods. The also applied mixed methods in identifying frameworks of private law
and their relative visibility striving to allay bias inherent in a single method. Thus, it is distinguished two
main branches of the research methods being used in this article: general scientific and special methods
of scientific knowledge.
Results. The conclusion summarizes the article’s main arguments by suggesting the new definition
of term “methodology” through two key meanings: 1) a system of methods and techniques used in
a particular field of activity and 2) the doctrine of such a system as general theory of method, theory
in action. To put it another way, this article starts where most of previous studies have given up: it has
been concluded such main features of the method of regulation of private law relations, as legal equality
of participants, free will of the parties, their initiative, property independence, use of dispositive norms. It
is noted that the methodology is also based on a system of principles, which are also enshrined in Article 3
of the Civil Code of Ukraine due to the implementation of the rules private international law in national
law become, the rules formulated in the Principles, Definitions and Model Rules of Private European Law
(DCFR), Principles of European Contract Law (PECL), Principles of European Law (PEL), Principles
of European Insurance Law, Principles of Acquis, Principles of UNIDROIT.
Conclusions. The results of our empirical analysis provide strong evidence that the interaction
between theory and practice in methodology should be the basis of the study, because it is the methodology
which solves the problems posed by practice and vice versa, the problems of practice lead to the creation
of rational legal constructions. | uk_UA |
