Interest as Component Element of Defence in the Civil Law of Ukraine
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 1, Issue
Abstract
The article is sanctified to the analysis of problem of defence of interest in the civil law of Ukraine as a component element. A term “interest” results from Latin “interest”, that translated Ukrainian as “matters, is important”. In accordance with a article 3 of the Civil code of Ukraine, one of general principles of civil legislation there is judicial defence of civil law and interest. Article 15 of the Civil code of Ukraine also specifies on that every person has a right of defence of the civil law and interest. Except it, it is possible to give an example from a civilly-judicial legislation, where article 1 of Civil procedure code of Ukraine specifies that the tasks of the civil rule-making are just, unprejudiced and timely consideration and decision of civil Affairs in order to protect the violated or contested rights, freedoms or interests of physical persons, rights and interests of legal entities, interests of the state, broken. The brought norms over show that a legislator distinguishes equitable rights and interests, but it does not give the concept of interest and reasons for separation interest and subjective civil law. In the article which one interest is considered in what limits as an independent object of defence can be on the defensive from points of view of law and right that is exactly subject to defence; a question of decision and separation category of interest from other related concepts. Investigated, that the component elements of protection of subjective civil rights and legal interests are: а) object, that is subject to defence; б) subject is a person, rights and interests of that are broken and that owns an subjective right on defence; в) method of defence; г) form of defence. Doctrine positions over are brought and conducted analysis of legislation and judicial practice. A general conclusion is done that interest of man necessarily will team up with a corresponding subjective right, but not every legal interest combines with an subjective right. The formed suggestions are from the improvement of theoretical principles in relation to the marked problem.
Authors and Affiliations
О. В. Воронова
Keywords
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