Overview of Theoretical Approaches to Understanding the Absolute RightJournal: LAW AND INNOVATIVE SOCIETY (Vol.1, No. 3)
Publication Date: 2014-11-11
Authors : SLIPCHENKO S. О.;
Page : 67-76
Keywords : law relationship; absolute right; duty; right.;
Problem setting. This article is a review of theoretical approaches to understanding the absolute rights. Unbiased law regulating social relations arising from the various objects of civil law, primarily fixes these objects by members of civil relations and sets them to the default behavior within the model quite right. Therefore, the legal theory of the concept of absolute rights can not be overstated. Analysis of recent researches and publications. Special attention is paid to problems of absolute rights in the writings of well-known scholars in the field of in civil law: A. O Rybalov, K. Z. Hasanov, A. V. Stremoukhov, A. N. Plate, R. O. Khalfina, V. K. Reicher, D. D. Grimm, S. F. Kechekyan, V. F. Popondopulo and others. Target of research. The purpose of this paper is a review of theoretical approaches to understanding the absolute rights and brief assessment. Article’s main body. The study points of view on the understanding of absolute rights suggests that their diversity has arisen due to different terminological and methodological application of the concept of ?absolute right?. This leads to a comparison or confrontation between different or identical categories. This approach, of course, can occur in legal theory as described for the synthesis, but not always justified. This method often is probable substitution of concepts, a false perception of the nature of legal phenomena arbitrary use of terminology like. To resolve this probability must first be defined with concepts that serve the same approach in the survey. For example, it is known that the term ?law? is used to refer to several lawyers not identical concepts. In one case, it covers the objective law in the other ? a subjective right, in the third ? the relationship in the fourth ? capacity, in the fifth ? the legitimate interest of others. Of course, these phenomena are related. However, each of them are relatively independent, the content of which is different and always has limited application. Thus, it seems that the confrontation between them is not entirely correct, and substitution of concepts leads to erroneous conclusions. The need for terminological distinction between the study of absolute rights repeatedly emphasized in the legal literature. Conclusions and prospects for the development. Conclusions the author of the article will further deepen the level of research not only general provisions, but certain types of absolute rights and indicate the need for such research.
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