Inaction in Civil Law: The Definition of the Concept.

Abstract

The article is devoted to the identification of signs of such form of civil law behavior as inaction. Based on these signs the author formulates the definition of inaction in civil law. The need for a definition of this concept is due to the absence of the study of this civil law behavior form, as well as its generally accepted interpretation, in the civil doctrine. The author studies general signs of behavior, allocated in the sciences that study human behavior, the study of signs of legal behavior, allocated in the legal science, attempts to interpret these signs in relation to the concept of inaction in civil law, as well as identifies the specifics of such inaction. It is proved that the opinion generally accepted in the legal doctrine, that inaction is a manifestation of passivity, is not confirmed by psychological characteristics of human behavior, and the absence of observable acts of behavior does not indicate the lack of such behavior activity. The stage character of choosing the form of external manifestation of behavioral model is considered and the stages of the process of formation of inaction mechanism in civil law are determined. Following the results of the study the definition of inaction in civil law has been given.