TEMPORAL REGULATION OF INDIVIDUAL REGULATORY AND PROTECTIVE RELATIONSHIPS

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TEMPORAL REGULATION OF INDIVIDUAL REGULATORY AND PROTECTIVE RELATIONSHIPS

Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue

Abstract

The article is devoted to the legal analysis of the time factors of the implementation of certain regulative and protective subjective rights of a person. The rule applied in civil relations is analyzed in detail – the priority of the contractual temporal regulation over the normative. At the same time, the grounds and the procedure for determining and using the criterion of reasonableness are investigated, if the validity period of the subjective right is not explicitly specified and not established by the participants in legal relations. Criticized the possibility of applying subjectivity by the judiciary in interpreting the content (including the duration) of a particular relationship. Considerable attention has also been paid to the temporal regulation of the performance of legal duties, since acts of civil legislation significantly more often do not limit the existence of subjective law, but set the time for the performance of the obligation by the debtor. There is a fundamental difference in terms of implementation of the powers of the carrier in the regulatory regime and in the protection of the violated right. A regulative civil legal relationship is exercised subject to the proper exercise of its right by the creditor and the proper performance of his debt by the obligated person. The right of the creditor arising from such a regulatory obligation is not endowed with the property of enforcement. When there is a violation of civil law, it acquires the ability to be protected. And such protection can not be covered by mechanisms characteristic of the legal regulation of regulatory relations, even taking into account the transformations of subjective law. The peculiarities of regulation of relations in connection with the change in the duration of the obligation, both regulatory and protective, have been studied. The change in the agreement by the participants of the deadline for the fulfillment of the obligation before the deadline does not affect the course of the long-term period, since the statute of limitations will begin only after the offense, that is, after the failure to fulfill the obligation at the final moment of the term. If, however, the parties agree to change the deadline for the execution of an already overdue debt, the legal relationship from the violated state goes back to the undisturbed state, so the protective claim of the holder of the right is terminated. The limitation period for the relevant claims is also terminated. Proposals for the improvement of the relevant legal instruments are presented

Authors and Affiliations

П. Д Гуйван

Keywords

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EP ID EP480196
DOI -
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