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THE CONCEPT OF LAW-ALTERING jURAL FACTS IN CIVIL LAW

Journal: LAW AND INNOVATIONS (Vol.1, No. 8)

Publication Date:

Authors : ;

Page : 23-30

Keywords : legal; legal facts; changes in subjective rights and responsibilities; changing subjects; change the subject;

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Abstract

Problem statement. The implementation of rule of law into the practice is known to be done through the jural facts. Therefore, the definition of the jural facts enables not only to establish the moment of the beginning of the dynamics of civil legal relationship, but also the kinds of such dynamic processes. Stated indicates the relevance of such studies. Depending on the type of legal effects all jural facts are traditionally divided into three groups ? law-generating, law-altering and law-terminating. The definition of the concept of law-altering jural fact is the purpose of this article. This demand is caused by the relative divergence of its understanding in the theory of law. Analysis of resent researches and publications. The concept of law-altering jural facts in civil law was studied by such scholars, as G. F. Shershenievych, O. O. Krasavchykov, Ya. M. Ma- gaziner, S. F. Kechekyan, B. B. Cherepakhin and others. Article’s main body. The article is devoted to the theoretical views on the existence of law-altering jural facts and the meaning content of the concept ?law-altering jural fact?. The made conclusions are compared with the legislative approach and verified by the instrumentality of the various methods of scientific research. Conclusions and prospects for the development. Thereby, altering of the legal relationship may consist in the change of the subject structure or content, and in some cases ? in the change of the object of the legal relationship. The made conclusion allows contending that the law-altering jural facts are those that entail a change of civil legal relationship. The changes may occur in any of their elements (subject structure, content, and object). The definition of the concept of the law-altering jural facts indicates the necessity of further research activities of establishing their place in the jural facts system, types and legal entity, specifics of the legal effects of various types of civil legal relationship. This will make an opportunity to check the effectiveness of rules of law that are designed to regulate civil relations, to enhance the present mechanism of their legal regulation.

Last modified: 2016-05-18 18:46:25