History of the development of doctrine of interest in Russia: XX century
Автор: Burmistrova S.A.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы гражданского права
Статья в выпуске: 4 т.17, 2017 года.
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The article reveals the socialist period in the history of the development of the doctrine of interest in Russia. It is shown that out of many pluralistic legal concepts that developed at the beginning of the 20th century, Russia accepted a monistic theory that recognizes the conditioning of social, including legal, phenomena as an economic factor. The theory of historical materialism also determined the course of development of the doctrine of interest in the historical period under investigation. The characteristic features of the theory of interest in the legal doctrine of this period are named: recognition of the objective nature of interest, priority of the subject's interest over the individual will. Provisions are given to the key works of representatives of various branches of the legal science, showing adherence to an objective approach in understanding the legal nature of interest. In some works, an attempt is made to justify the mixed nature of interest in the law, the subjective understanding of the essence of interest is not characteristic of the legal science of a given period. The methodological problems of investigating the phenomenon of interest in the law, due to unilateral (objective) understanding of the essence of legally protected interests are indicated. The development of legislative regulation of interests is shown.
Interest, theory (doctrine) of interest, will, subjective right, ratio of will and interest in the law
Короткий адрес: https://sciup.org/147150190
IDR: 147150190 | DOI: 10.14529/law170410