Evaluative concepts of civil law: historical experience of formation and use

The process of formation and development of evaluative concepts in civil law has a long history and is associated with the development of law, the improvement of legislative technique due to the gradual abandonment of the casual way of regulating legal relations and increasing the abstractness of legal prescriptions. This technique of legal technique took place already in the law of ancient states. The purpose of the scientific article is to clarify the features of the formation and development of evaluative concepts in civil law through the study of the historical experience of their use in the sources of civil law, which to a certain extent have become the basis of modern Russian civil law. It is also relevant to establish the reasons for the growing trend towards the use of more flexible methods of regulating civil law relations. As a result of comparative legal research, analysis of historical sources of law and modern legislation, it is concluded that civil law norms containing evaluative concepts are known to all legal systems since the earliest stages of the development of law. These legal constructions are an integral part of legal regulation. The paper analyzes and substantiates the historical conditionality of the steady trend towards an increase in the number of norms containing evaluative concepts in civil legislation, the continuity of this process. The reason for this is the improvement and development of legislative techniques, the use of more flexible dispositive methods of regulating civil legal relations. The current Civil Code of the Russian Federation has significantly increased the number of norms containing evaluative concepts. At the same time, the attempts of the legislator to fix the main features and content, approximate criteria of individual evaluative concepts in the norms of law in order to apply them uniformly and limit the discretion of the law enforcement officer are noted.