DEVELOPMENT OF THE DOCTRINE ABOUT THE COMPETITION OF CLAIMS IN GERMANY AND RUSSIA: COMPARATIVE AND LEGAL ANALYSIS

The article provides a comparative legal analysis of the scientific construction of the competition of lawsuits in Germany and Russia. The author traces the process of formation of scientific thought, explaining the reasons for the emergence of competition claims, its essence and methods of resolution. It is noted that the development of the theory of competition of lawsuits is associated with the German pandectics, which served as the basis for the disclosure of the internal content of the phenomenon under consideration. In addition, in Germany, unlike in Russia, attempts were made to secure a mechanism for resolving competition of claims at the level of the law. However, not crowned with success, they only contributed to the transition to a purely doctrinal understanding of the issues of competing claims. In the study of formation of a scientific understanding of the competition of lawsuits in Russia, the author comes to the conclusion: Russian legal theory is characterized by the use of the German concept as a basis. Attention is paid to the superficial study of this problem by Russian civilians, which does not affect its essence. It recognizes the absolute value of the work of German legal scholars, while pointing out the need
for a comprehensive knowledge of the competition of lawsuits as an interdisciplinary category.