Scientific and theoretical rationale for the formation of the principle of cooperation and partnership in civil legal relations

One of the core elements of civil law are its principles. The system of civil law principles is subject to a constant change. Its number, as well as the number of other civil legal institutes, becomes broader and extensive. One may find scientific theoretical discussion about the formation of cooperation principle and principle of partnership in civil and other types of relations. The legal forms of interaction between the subjects of social relations are different and they are known in all branches of law. It can be an entrepreneurship activity within certain legal entity, different types of agreements, also fiduciary relations.

Creditor obligations also serve the goal of partnership principle. The civil code of Ukraine sets the rules for cooperation and interaction between the parties to the subcontracting agreement and construction agreement. One of the case law highlights is presented in the article.

In addition, taking into account that there is no single direct definition and outline of the partnership principle in the legislation for all civil relations, imperative partnership principle may have its place among the norms of the Civil Code of Ukraine.

The question of the legalization of the partnership principle in the national legislation usually is not considered along with the foreign experience of other countries in regard to the establishing and development of social partnership principles.

For example, all over the world there is a problem of petty theft at work committed by persons in public and private agencies. For instance, in the United States, the annual size of such thefts is about USD 100 billion. In some states while solving this problem in particular, labor units have been given the right to directly manage their enterprises, up to the right to determine the amount of funds allocated for the payment of wages, and the right to replace the heads of enterprises. This introduced the concept of public control over the management of enterprises, and, on the other hand, the employee became interested in increasing profits and improving the efficiency of the enterprise itself. There were no grounds for mass abuse of material resources and other values.

Nowadays, labor units are deprived of all rights to participate in the management of enterprises. Many businesses do not even have trade unions. Local lawmaking and law enforcement do not take into account the fact that it is within the framework of such reality and law that the ideas of social partnership have received adequate scientific justification in the legal field.