Russian legal discoursebusiness lawcivil liabilitycommercial lawlegal regulation
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Abstract (AI)
Due to the nonrecognition of the origin of the business law in the commercial law, or, the law merchant, grown out of the customs and usages of merchants that existed before the emergence of law itself, and which, even in the process of formalizing the law into the legislation, characteristic for the continental law, in respect of commercial activities that introduced its public regulation, has reserved its self-regulatory and dispositive nature, the Russian legal discourse is quite different to what is generally represented as the Western legal discourse. Although Russian business law has been developed under the influence of Western law, the idea of the legislatively established legal surveillance of business activities, where written law is regarded as a progressive means of regulation, plays still an important role, and the breach of the law requirements is a sine qua non condition for civil liability (for damages) in Russia. Keywords: Law, Legal Discourse; Legislation; Praxis, Regulation
Key Findings
1
Commercial law’s self-regulatory and dispositive character persisted during the formalization of continental legal systems, but this tradition is less recognized in Russia.
2
Despite Western influence, Russian business law emphasizes legislatively established surveillance and written law as primary instruments for regulating business activities.
3
Russian legal discourse differs from Western legal discourse because it does not recognize commercial law’s origins in merchants’ customs and usages.
4
Violation of legal requirements is presented as a necessary condition for imposing civil liability for damages in Russia.
Research Object
Russian legal discourse on business law and the regulation of commercial activities
Research Subject
The role of legislatively established legal surveillance, written-law regulation, self-regulation, and dispositive principles in shaping Russian business law and civil liability for legal breaches
Publication Details
Publication Date
2021-09-30
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