Legal hermeneutics compulsion in public interest in civil law

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Issue: №1 (61) 2020

Heading: Tribune of young scientist


Tags

Keywords: legal hermeneutics, interpretation, compulsion, public interest, cultural code, conscientiousness, reasonableness, burden.

Annotation

In article the author describes the reasons for the loss and renewal of in-terest in the doctrine of legal hermeneutics. The latter should be distin-guished from interpretation. It is noted that most researchers identify these categories. The author, however, believes that legal hermeneutics, in contrast to interpretation, seeks to provide a methodological explanation. Legal hermeneutics can be the key to explaining the categories of good faith and reasonableness, which are considered in civil law as prin-ciples, presumptions and burdens. Using the categories of good faith, reasonableness and the previously developed category of public interest, the author forms a new definition of coercion in the public interest in civil law. The author notes and provides evidence of a partial absorption of civil law enforcement by administrative law enforcement.