Justice as a Fundamental Category of Civil Law in Ukraine
Abstract
The purpose of the article is to study the problems of awareness, formation and application of the principle of justice. The historical development of the concept of «justice» and its understanding as a legal category is researched. The views of domestic and foreign scientists on the essence of justice are analyzed. The role and importance of the principle of justice in civil law of Ukraine is substantiated. It is noted that in civil law justice is enshrined in civil law. This is expressed in the fact that the dispositions of these norms describe acts that, according to the norms of societyʼs morality, have been found to be unlawful, and the sanctions foresee civil liability for their implementation. It is determined that the universal content of justice includes civil rights and freedoms, the provision of decent human existence, the possibility of self-realization of personality. Justice also has a specific historical content that varies from one era to another. The change in socio-economic formation causes fundamental changes in social attitudes towards social justice. It is concluded that the elements of the content of the principle of equity are equivalence in the exchange, performance of commitments contracted by the counterparty, compensation for damage in the presence of the guilty of the perpetrator, refrain from encroachment on someone elseʼs property, return of property to the owner, the proportionality of legal liability to the offender. And the application of the principle of equity in the law of obligations is: first, a benchmark in determining the specific amount of compensation in the obligations for compensation for non-pecuniary damage; and secondly, the guideline for establishing the equivalence of exchange in reimbursable contractual obligations; thirdly, by replenishing the gaps in the right; and fourthly, by means of which the application of too rigorous consequences of the norms of civil law concerning the specific relationship is offset.
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