THE LEGAL STATUS OF HIGHER JUDICIAL BODIES’ CLARIFICATIONS ON PRIVATE LEGAL DISPUTES

Year: 
2018

Article:

Issue: 
1

Author(s): 
Stepkin Stanislav
Abstract: 

The article is devoted to the role of clarifications of higher judicial bodies in the Russian legal system. The author assumes that the clarifications given by higher judicial bodies couldn’t be considered as precedents. He analyzes the legal doctrine of continental and Anglo-Saxon law and, on this basis, makes a conclusion that the institutions of English law shouldn’t be extrapolated to the Russian legal ground.

Key words: 

precedent, court clarification, principles of justice, continental rights system, source of law, сivil law, private law

Text of the article: 
English