Aleksashyna J. The Contract in Private Law as a Regulator of Social Relations.

The Dissertation discusses the concept, characteristics, and types of civil contracts from the perspective of the contract as a regulator of civil relations. It is proposed that two subsystems be considered within the mechanism of civil legal regulation of social relations, specifically: the subsystem of statutory regulation and the subsystem of social selfregulation. The first subsystem includes legal rules that are created by the State and are applicable to an unlimited number of subjects of legal relations and an unlimited number of times. The subsystem of social selfregulation includes a civil contract as well as customary business practices and moral codes. The contract as part of the subsystem of social selfregulation is a concented act of will of two or more subjects of civil law, expressed in the appropriate form, designed to regulate the conduct of the parties and sometimes third parties in the specific situations described in the contract. It is defined that the parties to a contract may depart from the rules of civil law, except when the rule is mandatory or when contractual regulation contradicts the essence of relations. A civil rule is dispositive if it clearly lacks a mandatory nature. The essence of relations between the parties is an evaluative concept and should be analyzed on a case-by-case basis. Suggestions are offered for improving the relevant provisions of the Civil Code of Ukraine and the practice of its application by commercial courts and courts of general jurisdiction, and scientific conclusions are presented regarding individual theoretical issues of civil law.