Actions on the implementation of a civil right in the form of use
Автор: Chegovadze L.A., Deryugina T.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Частноправовые (цивилистические) науки
Статья в выпуске: 2 (56), 2022 года.
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Introduction: the article is devoted to the study of the implementation of civil law as a process of translating the content of the norms of law into specific rights. Purpose and objectives: the study aims to define and classify actions on the use of the norms of civil law. Methods: a set of scientific methods, with the comparative legal method, methods of consistency and analysis used as major ones. Results: actions on the use of the norms of civil law can be classified as follows: on the basis of the presence or absence of expressed will; by the number of persons performing actions; by the form of legal formalization of the will of the parties; by the need to control the actions performed; by the completeness of the coincidence of the signs of actions with civil regulations; as initial and derivative actions. The approach outlined in the article complements theoretical provisions concerning the implementation of civil law. Conclusions: civil law is implemented when the legal activity of subjects results in a particular subject’s becoming a rightsholder. The implementation of civil law occurs through lawful actions (inaction) of participants in social relations associated with the use of relevant norms of law; the actions can both be purposeful or have no specific goal. Unlawful acts also lead to the implementation of civil law norms, but not in the form of use, since unlawful acts are a violation, not the use of law. In some cases, the process of implementing civil law is influenced by the special legal status of the subjects, modifying the process of implementation in the same way as, for example, the legal regime of the object of civil rights. The legal effect in the form of emergence of a civil right in connection with actions on the implementation of law in the form of use occurs if the procedure and conditions for performing the actions are observed and/or there are obvious significant signs of legal statuses. The paper provides systematization of actions aimed at the use of civil rights.
Civil right, implementation of law, exercise of the right, use of the right, objectives of the exercise of the right, grounds for the emergence of rights, form of expression of will, action, lawful behavior, legal status
Короткий адрес: https://sciup.org/147238212
IDR: 147238212 | DOI: 10.17072/1995-4190-2022-56-268-280