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The ambivalence of the economic nature of money and its legal definition

"Natural law is the law established among people by natural reason."
Institutes of Gaius

Are we able to accept the provisions of Article 128 of the CC RF, knowing that they do not correspond with basic economic principles?

Cicero affirmed that,
"true law is a reasonable tenet that corresponds with nature"
"natural law came about earlier than any written law"
"aw is established by nature, and not by human decisions and decrees"
"a law established by people may not violate order in nature"
"the conformity or disparity of human laws with nature (and with natural law) appears as the criterion and standard of their justice and injustice".2

Karl Marx later concluded that law and the State relate to superstructure with regard to basic industrial and economic relations. Legal relations arise from economic relations, serve them, are a necessary form of their expression and existence.

Since the economy is the basis of a State, and the State and law are its superstructure, if we continue the analogy, we must come to the conclusion that theory must be the foundation of legislation.

Basis Economy Political economy
Superstructure Law and State Legislation

In one of his letters to C. Schmidt, F. Engels explained: "… the effect of State power on economic development can be threefold. It can work in the same direction — then development is made more quickly; it can work against economic development — in which case, now, for every large people it crashes over a certain period of time; or it can create obstacles to economic development in certain directions and push it in other directions. This case eventually leads back to one of the first two. However, it is clear that in the second and third cases political power can cause the greatest harm to economic development and can waste an enormous amount of effort and material" 3

Legislation that contradicts its foundation — economic theory — is an obstacle to the development of a country’s economy.


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