SCIENTIFIC THEORIES ON THE OBJECT OF LEGAL RELATIONS AND THE LEGAL CHARACTERISTIC OF THE GENERAL AND SPECIAL OBJECT OF CIVIL PROCEDURAL LEGAL RELATIONS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article analyzes various scientific approaches to the definition of the object of legal relations. It is emphasized that the special and general objects of civil procedural legal relations are correlated with each other in the following way: 1) the general objective object can be identical to the special object-result; 2) the general target object may be more negative than the received special object-result; 3) а common object may be more positive than a special object-result obtained. The definition of the concept of general and special object of civil procedural legal relations is proposed. Thus, the general object of civil procedural legal relations is the goal for the purpose of which the consideration and resolution of cases in a court is conducted in order to effectively protect the subjective rights, freedoms or interests of a person, a society or a state, namely, tangible and intangible benefits, for protection which subjects enter into civil procedural legal relationships (money and securities, other property, property rights, results of works, services, results of intellectual, creative activity, information, as well as other tangible and intangible benefits and). The special object of civil procedural legal relations is the result, which represents the procedural consequences of the behavior of one of the subjects as a result of the requirement of another subject, is achieved by the latter through a series of procedural actions committed during the consideration and resolution of a civil case in the order of the claim, order, separate proceedings, or review of court decisions, and gets consolidated in a court decision, ruling, decree or order. On the basis of the proposed definitions of the concepts of general and special object civil procedural legal relationships provided their characteristics.
Authors and Affiliations
Лариса Діденко
Keywords
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