民事法律关系的参与者(主体)作为第三人认定的标准之一

O. Kuzmych
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引用次数: 1

摘要

本文致力于发展民事法律关系中第三人即民事法律关系的参与人(主体)的科学认定标准之一。本文分析了民事关系主体、民事法律关系主体、民事权利主体等概念内涵理解问题的理论研究。特别是,民事关系的参与者是个人和法人,以及乌克兰民法典第2条所述的其他公共实体,具有民事行为能力和行为能力,可以参与民事法律关系。同时,民事法律关系的主体是参与人,其范围由乌克兰民法典第2条规定,在具备适当先决条件的情况下,参与人已经发生了适当的民事法律关系。因此,进入相关法律关系的参与者,其圈子在乌克兰民法典第2条中定义,可以成为法律关系的主体之一,以此为基础,第三人。特别关注民事法律关系主体和民事权利主体等概念之间的关系。民事关系的当事人是多种多样的主体。民事法律关系的当事人是具有相互主体权利义务的具有约束力的法律关系的主体。由于“民事关系当事人”、“民事法律关系主体”、“民事权利主体”等概念与“第三人”概念的含义相关,具有普遍性。特别是,作为第三方的是乌克兰民法典第2条所界定的范围的参与者,他们已经进入了有关的民事法律关系,因此具有这些人的特征。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Participants (Subjects) Of Civil Legal Relations As One Of The Criteria For The Identification Of Third Parties
The article is devoted to the development of one of the scientific criteria that can be taken as a basis for the identification of third parties in civil legal relations, namely the participants (subjects) of civil legal relations. The article analyzes doctrinal studies on the problem of understanding the content of such concepts as the participant of civil relations, the subject of civil legal relations, the subject of civil rights. In particular, participants in civil relations are individuals and legal entities, as well as other public entities referred to in Art. 2 of the Civil Code of Ukraine, which having civil capacity and capacity can participate in civil legal relations. At the same time, the subjects of civil legal relations are the participants, whose circle is defined in Art. 2 of the Civil Code of Ukraine, which, in the presence of appropriate prerequisites, have already entered into appropriate civil legal relations. Therefore, having entered into the relevant legal relationship participants, the circle of which is defined in Art. 2 of the Civil Code of Ukraine can become one of the subjects of the legal relationship, which is taken as the basis, and a third person. Particular attention is paid to the relation between such concepts as the subject of civil legal relations and the subject of civil rights. The parties to the civil relationship are a variety of subjects. parties to civil legal relations are subjects of binding legal relations with mutual subjective rights and obligations. As concepts of «party to civil relations», «subjects of civil legal relations», «subjects of civil rights» in relation to the meaning of the concept of «third person» have a general character. In particular, as a third party are the participants whose circle is defined in Art. 2 of the Civil Code of Ukraine, which have already entered into the relevant civil legal relations, and as a consequence, possess the characteristics characteristic of such persons.
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