ELEMENT FILLING OF JURIDICAL COMPOSITION AS A CAUSE OF ESTABLISHMENT CIVIL MATERIAL RELATIONSHIPS: SYSTEM-STRUCTURAL ANALYSIS
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
Looking through juridical composition that is the cause of establishment civil material relationships as a system – composition of juridical facts and their conditions, researcher needs to use system-structural approach. With the help of this methodological instrument true structure of juridical composition, its element filling and character of relation between elements can be revealed. Nowadays scientists in juridical sphere admit that juridical composition elements are two or more juridical facts. But as a rule such construction of composition take place in dynamic accumulation when one juridical fact leads to establishing right to move to the next stage. In other situations, in particular when “juridical facts” accumulates in independent way they are not exactly juridical fact but likely condition of one fact. Thus for purpose of this article juridical composition is considered as composition of juridical fact (facts) and their conditions that are necessary for establishment civil material relationships. Provisions of systems theory defines three main spheres of system: actually system that is an object of analyses; sub-systems that are the elements of system (in juridical composition as a cause of establishment civil material relationships they are facts and conditions) and system’s environment that include elements not included to system. The issue is how to demarcate line between system and system environment. As far as juridical composition describes cause in casual relationships and such relationship determines by legal norm determination of approach for outlining elements that need to be include to juridical composition as a cause of establishment civil material relationships lays in legal norm construction. Due to the fact that juridical composition is a cause for juridical consequences in particular for establishing as a cause of establishment civil material relationships, in norm structure its elements describes in hypothesis defining circumstances which existence leads to consequences defined by norm disposition. Therefore in all multiplicity of casual relationship juridical composition accumulate elements requisite for civil material relationships establishment. Thereby as a criterion for determination elements of such composition should be character of casual relationships between such elements. There is direct cause relationship between finalizing juridical fact and its effect and mediated one between fact conditions and effect. Inclusion of juridical fact that causes establishment condition for finalizing fact to juridical composition leads to its imitative extending. In this case composition covers two or more norm’s hypothesis. But practice of law application and conducting legal researches shows that appropriate subjects (officers and researches) used to include to juridical composition not only results of juridical facts that are conditions for finalizing fact that directly leads to material relationships establishment but also juridical facts that causes establishment condition for finalizing fact. For example, verifying lessor’s right of ownership on thing he wants to give for rent renter examine the ground of his right because want to make a clean deal without any defects. Thereby such demand in extending juridical composition by including to it two or more mediated casual relationships leads to differentiate simple and complicated juridical composition.
Authors and Affiliations
М. В Яроцька
Keywords
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