Features of the legal status of subjects of Civil Law

Q3 Arts and Humanities

Journal of the National Academy of Legal Sciences of Ukraine Pub Date : 2021-06-25 DOI:10.37635/jnalsu.28(2).2021.181-188

I. Banasevych, R. M. Heints, M. Lohvinova, O. Oliinyk

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引用次数: 1

Abstract

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

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民法主体法律地位的特征

关于民法主体法律地位特征的理论和应用研究至今仍存在争议。对这一问题的理论和立法分析指出了这一领域尚未解决的问题。特别是，关于将国家界定为民法当事人的条款仍然存在争议。对于个人和法人作为民法主体的界定，学界并没有达成共识。此外，对某些类型实体的法律规制有些不系统和混乱。这在很大程度上是由于与民法主体相关的理论问题发展不够。上述问题决定了研究民法主体法律地位特征的相关性。本文的研究目的是在理论分析和立法分析的基础上，探讨民法主体法律地位的特征。本文的研究基于一种系统的方法，即研究一个复杂的民法主体关系系统。此外，该研究基于辩证法的规律和原则，有助于研究民法主体的法律地位。运用系统分析和结构功能分析对民法主体的法律地位进行了综合描述。历史方法有助于研究民法主体研究的演变。正式的法律方法有助于识别有关民法主体的条例条款的特点。本研究运用比较法的方法，分析了乌克兰民法典对民法主体的规定，并与其他国家的规定进行了比较。本研究界定了民法主体的概念和类型，并考虑了个人、法人实体的法律地位特点，以及国家作为民法的特殊参与者的特点。从罗马法开始，特别注意对法律主体定义方法发展的历史分析

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来源期刊

Journal of the National Academy of Legal Sciences of Ukraine Arts and Humanities-History

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