The nature, attributes and types of civil law contractual structures in the development and realisation of innovations

  • A.P. Stasiv
Keywords: treaty, innovation relations, dispositiveness, source of law, innovation


The article considers the civil law treaty as a universal construction for the regulation of private law innovative relations. The treaty is a plastic construction, as it has the ability to acquire special features under the influence of special objects, subjects or content of innovative relations. However, the private-law civil basis of such a treaty is immutable.
The author emphasizes that the private-legal nature of the investigated relations is based on the methods of legal regulation based on legal equality of the participants of relations, their free will and property independence. Private-law contractual regulation of innovative relations does not negate the economic-legal aspect of these relations. Both aspects exist as general and special provisions aimed at regulating innovative relations.
The article states that the treaty takes into account as effectively as possible the interests of each of its parties through the possibility of including a number of its customary and incidental conditions. This quality results from the dispositive legal nature of the treaty.
The treaty nowadays takes on the characteristics of a multipurpose universal construction, which: 1) allows the conclusion of any treaties that are not provided for by law but do not contradict the general principles of civil law; 2) is an act of individual creation of law, acquiring the attributes of a source of law. The treaty is the universal legal instrument that truly allows the parties to the relationship to outline in it the terms that are specifically demanded by them.