On the objective and subjective in the legal nature of the interest
Автор: Burmistrova S.A.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Проблемы и вопросы гражданского права
Статья в выпуске: 1 т.18, 2018 года.
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The article is devoted to the study of objective and subjective principles in the nature of interest as a legal phenomenon. The presence of three concepts recognizing the objective, subjective and mixed (objective-subjective) nature of interest in law is shown. The content of each of the concepts is characterized. The main shortcomings of each of the concepts are presented, which serve as an excuse for their criticism. Adhering to the mixed nature of interest in law, the author sets out her own vision of combining objective and subjective principles. It is justified that the combination of the objective and subjective displays a dual nature of interest in law, but does not indicate a contradictory nature of such an approach to its understanding. The author's position is confirmed by the conducted analysis of needs, as a result of which typical needs are identified, mostly reflected in the legislation, and individual, rarely receiving normative consolidation.
Interest, legal nature of the interest, theobjective, thesubjective, will, subjective right, ratio of thewill and interest in the law, needs, typical, and individual needs
Короткий адрес: https://sciup.org/147150210
IDR: 147150210 | DOI: 10.14529/law180109