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 84
- Downloads 0
SIGNIFICANT VIOLATION OF THE REQUIREMENTS OF A CRIMINAL PROCEDURAL LAW AS THE BASIS FOR THE CANCELLATION OR MODIFICATION OF A COURT DECISION
In the article the essence and types of essential violations of requirements of the criminal procedural law as the bases for cancellation or change of the judgment in appeal and cassation orders are analyzed. Further dev...
RECOGNITION OF ILLEGAL DECISION, ACTION OR INACTION OF STATE AUTHORITIES, AUTHORITIES OF THE AUTONOMOUS REPUBLIC OF CRIMEA, LOCAL SELF-GOVERNMENT BODIES, THEIR OFFICIALS AND OFFICERS AS A WAY OF PROTECTING CIVIL RIGHTS AND INTERESTS
Based on the analysis of current national legislation governing how to protect the violated rights of natural and legal persons and of the European Court of Human Rights investigated: the problem of terminological plur...
FORMS OF THE USE OF SPECIAL MEDICAL KNOWLEDGE IN THE INVESTIGATION OF CRIMES
The article analyzes the question of the classification of forms of the use of special medical knowledge during the investigation of crimes. The attention is focused on the problems of legislative consolidation of forms...
RESTRICTIONS ON THE RIGHT TO SLIDE THE PERSONAL LIFE OF DUMP AND PUBLICATION OF HEALTH STATEMENTS
The article is devoted the analysis of current domestic legislation and doctrine going near the problems of realization and limitation of right on the secret of the personal life of man and woman. Separate attention is s...
CULTURAL FUNCTION OF THE MODERN STATE IN THE CONTEXT OF INTERCULTURAL DIALOGUE
In the article the author considers existing models of state activity concerning the realization of cultural function, approaches to the typification of modern models of state cultural policy in which the determining cri...