SERVICES AS THE OBJECTS OF THE CIVIL RIGHTS
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
The definition of the concept “services”, the delimitation of the last from contiguous categories, the clarification of characteristics of services as the objects of the civil rights are the problems of the scientific article. In the article the questions connected with the definition of the concept of services in civil law and the characteristic of the last as the objects of the civil rights are analysed. Attention is paid to clarification of characteristic signs of service as the object of the civil rights. Comparison of legal categories “services” and “works” is carried out. As a result of a research the author comes to a conclusion that there is no unanimity of views in definition of the concept “services”, their signs and places in civil circulation today. In future, single unresolved questions in the sphere of “services” demand further researches. According to Art. 177 of the Civil Code of Ukraine, one of the objects of the civil rights are services. However, the Civil Code does not contain legal definition of services as the objects of the civil rights. Besides, in legal literature the concept “services” is covered by wider concept “actions”, in particular the concept “services” is defined as the actions or inaction which are carried out by request and do not have material result. In other sources services are defined as lawful actions of subjects of legal relationship as a result of which certain needs of other people are satisfied. According to the author, the concept “services” does not come down only to actions, actions are only way of implementation of service in which the following signs have to be inherent: 1) useful effect which is possible for receiving as a result; 2) purpose of implementation of such “way of execution of the obligation”; 3) orientation on satisfaction of non-material needs; 4) it is always carried out in the form of specific actions. It is offered to add Art. 901 of the Civil Code of Ukraine with the following definition: “As services it is necessary to understand such objects of civil legal relationship which are carried out by means of specific actions which performance have before themselves a definite purpose, directed to satisfaction of certain non-material requirements”.
Authors and Affiliations
S. S. Svyatoshnyuk
Keywords
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