Object and subject of legal relationship of family legal liability
Автор: Tagaeva S.N.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 2 (24), 2014 года.
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Introduction: in the article locates the concept of family and legal responsibility as guarding legal relationship which arises in connection with violation of the rights of family members within the regulatory family legal relationship consolidated by the law or the contract. Purpose: the author analyzes legal essence of object of legal relationship of family and legal responsibility. Methods: the methodological basis of this research is made by set of methods of scientific knowledge: dialectic, analysis, synthesis and abstraction. Results: the author considers that consideration of legal relationship of family and legal responsibility demands research of its structure consisting of object, the subject and the contents. Within article specifics of object and the subject of legal relationship of family and legal responsibility are considered. The object of family and legal responsibility is understood as the public relation broken by the offender which has to be restored by application of the state coercion to guilty, inducing the last to lawful behavior and protecting (restoring) the family rights and legitimate interests of the victim. Three subjects participate in legal relationship of family and legal responsibility: 1) victim (his lawful representative, prosecutor, guardianship); 2) state (competent authorities of the state); 3) offender. Conclusions: the structure of legal relationship of family and legal responsibility, as well as any legal relationship consists of object, the subject and the subjective right and a legal duty.
Family and legal responsibility, family, legal relationship, object of legal relationship of family and legal responsibility, subject of legal relationship of family and legal responsibility, guarding legal relationship
Короткий адрес: https://sciup.org/147202393
IDR: 147202393