The question of the distinction between civil and commercial contracts and its impact on other types of contracts ; До питання про розмежування цивільних і господарських договорів і його вплив на інші види договорів

The article deals with the traditional problem of differentiating between civil and commercial law and the possible impact of such differentiation on the understanding of the place of other types of contracts in terms of a number of universal criteria. It is proposed to divide all existing property contracts into three types - ordinary, consumer and economic. Given that all three types are civil in nature, but consumer and business contracts are different both in relation to the basic civil agreement, it is proposed to give it the typological name "ordinary" as opposed to the other two, which have their own peculiarities. As a trait that is universal to all the proposed species, their property character is put forward and determined to be generic. Another common feature of all property contracts is their civil legal basis. Therefore, all of these contracts are first and foremost civil. According to the author's classification for the application of the proposed criteria to civil law are ordinary and consumer contract, which exist as concepts of the same order with the economic contract. This supports the view of scientists who claim that the economic agreement is also a type of civil contract, but has additional economic and legal specifics. Specificity of the economic agreement is visible to the author in the economic activity and at the same time in its subjects for which such activity is the only possible one. To distinguish ordinary and consumer contracts by copyright, it is impossible to do without the criterion of the object of the contract, namely, a standardized or individual product or service. Consumer contracts are also marked by an imbalance in the rights and obligations of the parties, which creates sufficient grounds to consider such contracts as an independent phenomenon of a single classification procedure with ordinary and business contracts. The possible impact of this classification on the place of employment and administrative contract is analyzed. It is established that the latter, depending ...