Situational norms in Civil Law
Dispositive norms in modern civil law are a logical continuation of the constitutional principles of a market economy, its "backbone." Imperative norms of civil law, in turn, in the conditions of economic instability, the lack of developed economic institutions are called upon to establish a reasonable framework of behavior for the participants of civil turnover, to protect the obviously weak side from imposing unprofitable contractual terms on it in the situation of impossibility to choose a counterparty, to give stability to civil turnover. At the same time, the legislator, when establishing in any issue a dispositive or imperative order, may not take into account his injustice for some particular situations. Undoubtedly, the difficulty of achieving fairness of the legal norm in relation to all circumstances is one of the most important issues of legal science and practice. On the basis of the conducted review of judicial practice, the author shows the variability of the nature (mandatory prescriptions) of certain legal norms, depending on the factual circumstances accompanying their application against the background of the inappropriateness of referring them to imperative or dispositive norms. In this regard, a proposal has been made on the need to identify situational norms - legal norms, the mandatory nature of their prescriptions is variable, and dependent on the accompanying factual circumstances. From the standpoint of logic, situational norms are a concept that intersects with the concepts of "dispositive norms" and "imperative norms", but not the latter. In the context of the foreign experience shown, situational norms are regarded by the author as a result of judicial lawmaking.