Genesis of the National Civil Law Thought on Relations in the Sphere of Medical Care Provision and It’s Current State (Генеза вітчизняної цивілістичної думки щодо правовідносин у сфері надання медичної допомоги та її сучасний стан)
Journal Title: Медичне право - Year 2016, Vol 1, Issue 2
Abstract
Main stages of the development of civil law science in respect to legal nature of the relations in the sphere of medical care provision were analyzed as well as the state of the scientific researches on the issues of these relations was characterized. Main scientific problems of the relations in the sphere of medical care provision, which had been researched by the civil law scientists and key approaches to understanding the legal nature of these relations, were clarified. Author’s understanding of the issues connected with the legal relations in the sphere of medical care provision, that were researched by the scholars, was suggested, in particular in connection with conceptual and categorical apparatus. Peculiarities of civil rights and duties appearance on the ground of civil laws were highlighted as well as the discussion concerning the private law or public law nature of the legal relations in the sphere of medical care provision was supported. It is noted that, the realities of the Ukrainian state development and challenges of life on the contemporary stage predetermine the necessity of researching bigger amount of issues of legal regulation, which did not give rise to scientific interest among the scholars before, for instance the relations, connected with providing medical care in the times of armed conflict as well as the activization of comparative civil law science.
Authors and Affiliations
Iryna Senyuta
Keywords
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