The Problems of Determining the Time and Legal Consequences of the Occurrence of the Human Right to Life and Health in the Context of Recoding the Civil Law of Ukraine
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引用次数: 0
Abstract
The article is devoted to the consideration of the problem of determining the time when a person’s right to life and health arises. Excluding from the criteria the point at which a person acquires the right to life would strengthen the civil legal protection of the relevant subjective civil law. This may lead to the need to recognise, as the time of occurrence of the right to inheritance, that the accumulation of the composition of these circumstances cannot exist without legal capacity. It is proposed to introduce into the categorical apparatus of civil law the concept of ‘special civil capacity’. The emergence of special civil capacity and a subjective civil right to life will be linked to the above circumstances; the ability to have other subjective civil rights will be associated with the fact of birth.
期刊介绍:
The Global Journal of Comparative Law is a peer reviewed periodical that provides a dynamic platform for the dissemination of ideas on comparative law and reports on developments in the field of comparative law from all parts of the world. In our contemporary globalized world, it is almost impossible to isolate developments in the law in one jurisdiction or society from another. At the same time, what is traditionally called comparative law is increasingly subsumed under aspects of International Law. The Global Journal of Comparative Law therefore aims to maintain the discipline of comparative legal studies as vigorous and dynamic by deepening the space for comparative work in its transnational context.