论事实集边界的确定

Roman V. Romanov
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引用次数: 0

摘要

文章回顾了作为法律事实系统的一组事实的边界确定问题。俄罗斯和外国的多位研究者在其著作中对确定一组事实的边界问题进行了研究。然而,该领域仍存在一些问题。作者主要集中于确定研究和确定一组事实在时间界限上的要素问题,以及一组事实和单一法律事实之间的界限问题。作者在文中得出结论,事实集作为单个法律事实的系统,应当具有一定的边界,而事实集本身具有一次性行为的特征。此外,另一个具有挑战性的问题是如何划分事实集的要素和作为多种法律关系产生、修改和终止基础的法律条件。作者的结论是,如果立法者有特别的指示,法律条件可以被视为构成一组事实的法律事实。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the Determination of Boundaries of Sets of Facts
The article reviews problems of the determination of boundaries of a set of facts as a system of legal facts. The issue of the establishment of boundaries of a set of facts has been studied in works of multiple Russian and foreign researchers. However, there are still certain issues in this area. The author primarily focuses on the identification of problems of studying and determination of elements of a set of facts in the temporal boundaries and the demarcation between sets of facts and single legal facts. In the paper, the author concludes that sets of facts as systems of single legal facts should have certain boundaries and a set of facts itself has a one-time action character. Besides, another challenging issue is the demarcation between elements of sets of facts and legal conditions that serve as a basis for the origination, amendment and termination of the multitude of legal relations. The author concludes that if there is a special indication of the legislator, legal conditions can be viewed as legal facts that constitute a set of facts.
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