Absolute relations in the subject of civil law
Journal: Advances in Law Studies (Vol.2, No. 2)Publication Date: 2014-05-01
Authors : Kamil Arslanov;
Page : 69-76
Keywords : absolute legal relations; relative legal relations; absolute right; absoluteness of legal relations; civil legal relations; correlation of civil rights and duties; separate absolute relations.;
Abstract
The article studies one of the central categories of civil law, which is civil legal relations. The category of legal relations that builds the subject of civil law, that receives the cleared fixation in legal acts, including the unified acts (Civil Code of the Russian Federation), causes until present time different discussions in the civil legal science. This is indicated of scientific researches of Soviet and Russian scientists since middle of 20th century. The fundamental division of legal relations into absolute and relative relations tries to earn our interest because of its practical significance. Depending of rating of legal relations to specified kind the optimal mechanism of legal influence on participants of legal relations using of private and / or public legal instruments is defined. Inspite of all these, the subject of this article are first of all absolute legal relations. The author tried to generalize existing concepts in the science of civil law about absolute legal relations, to define the possibility to differentiate absolute and relative legal relations. The question about the possibility of existence of legal relations with elements of absoluteness and relativity, parallel existence of absolute and relative legal relations in connection to the same subject is raised. The specific character of absolute legal relations is analyzed in connection with proprietary legal regulation, regulation in the field of intellectual property rights, protection of immaterial goods and immaterial rights, as well as in connection with relative new field of legal regulation of corporate legal relations. In the article the conclusion about the necessity of resumption of scientific discussion concerning the essence of absolute legal relations and necessity of their cleared definition ad litem is made.
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