Jurisprudence is based on the norms of law, and has its own, unique way of implementation, divided into two ways, methods - dispositiveness and imperativeness. Civil law is implemented, as a rule, within the framework of discretion, which allows individuals to choose their rights and methods of protection at their own discretion.
It is impossible to regulate relations without legal norms, but it is very important to choose the correct method for this - dispositive or imperative. For the civil legal field, discretion is often used, as a simpler form or method of considering cases, controversial issues, building, forming tactics, lines of defense or accusations.
What is dispositiveness
The principle of dispositiveness in civil law can be applied both to the object of the process itself, and to one of the means of its conduct - accusation or defense. In jurisprudence, within the framework of civil law, the concept characterizes democracy, the ability for participants or courts to act at their choice, based on their moral values, but taking into account the norms of legislation. In simple terms, discretion gives the right
- come to a mutual agreement on a particular issue,
- determine the degree of responsibility for a particular property,
- make a decision about who will bear the greater or lesser part of the obligations.
As examples of dispositiveness, the following situations can be used - bargaining between the seller and the buyer, division of property without a will and trial, division of family property in case of divorce by consent and other settlement agreements in the civil law field. The imperative-dispositive method can also be applied, when an amicable agreement is concluded in the courtroom, but by mutual agreement.
Dispositive model in civil law
Giving a certain legal freedom to the participants in legal relations, dispositiveness allows them to keep their relationship within the framework of the law. For the first time, a similar trend in jurisprudence was emphasized in legal publications back in the 19th century, although it was widely used as a model of civil jurisprudence much earlier.
In modern times, dispositiveness within the framework of the civil legal field is applied much more broadly. The parties to an agreement have the right to conclude an agreement by mutual agreement without involving a professional lawyer or notary. As an example, you can use the procedure for buying and selling a car, when a written agreement is concluded between the parties to the transaction, the document is not certified by a legal entity, but is valid when the car is registered in the traffic police database.
Often, dispositiveness leads to the fact that civil rights are not fully observed, but the decision can no longer be changed. Therefore, experts recommend solving all legal issues with the involvement of professionals in this field. Even freedom and democracy should be regulated, function only within the framework of legislation and under its control.
