DISPOSITIVE AS A BASIC CATEGORY OF PRIVATE LAW
Journal Title: Право і суспільство - Year 2017, Vol 6, Issue 1
Abstract
The article considers the essence of “dispositivity” category in private law. The paper makes a conclusion that the notion of legal freedom is basic for dispositivity, which is, firstly, reflected by a subject’s ability to choose behavior pattern and, secondly, in the definition of legal relation content, i.e. own rights and duties. Dispositivity becomes a principle of civil law revealing at the level of dispositivity norms, embodying into dispositive method of civil law regulation. The triad principlemethod-norm in its unity forms dispositive legal mechanism of the whole private law.
Authors and Affiliations
О. Є. Кухарєв
Keywords
Related Articles
- EP ID EP466829
- DOI -
- Views 80
- Downloads 0
LEGAL REGULATION OF CRIMINAL LIABILITY OF LEGAL ENTITIES ON THE EXAMPLE OF GERMANY, CZECH REPUBLIC, THE NETHERLANDS
The article researches the legal regulation of the institute of criminal liability of legal entities in a range of european countries. The article analyzes different approaches to the institu
MAIN REQUIREMENTS FOR THE LEGAL DOCUMENT
The article is devoted to consideration of the basic requirements, which are placed at drawing up of legal documents. The main modern approaches to the definition of «legal document» are revealed. The classification of r...
LEGAL ASPECTS OF NATURAL RESOURCES RESTORATION: EXPERIENCE OF THE EUROPEAN UNION COUNTRIES AND NATIONAL ENVIRONMENTAL LEGISLATION OF UKRAINE
The organizational and legal supports of the recovery process of natural resources in the EU were analyzed. The main areas of EU environmental policy and its legal support were disclosed. The analysis of the main areas o...
LEGAL NATURE OF FINANCIAL LIABILITY
The article investigates the legal nature of financial responsibility on the basis of such characteristics as scope; actual, statutory and procedural grounds of responsibility; sanctions; objectives and functions in the...
THE ORGANIZATIONAL STRUCTURE OF THE PEOPLE'S COMMISSARIATS IN THE 1920'S. LEGAL ASPECTS
The article analyzes the organizational structure of the public’s commissariats of the USSR in the 1920s and proves that the soviet system of state administration bodies was based according to the principle of centraliza...