Subjectivity Civil Rights

18.07.16 / News / Author: Martin
Tags: law and order, Miscellaneous

Abstract to the article "The Problem of 'subjectivity' civil rights." For the civil law as the subject of thinking (whether consciously including myself) the object and the subjective civil law (as a meaningful object) appear only in civil matters, where the personification of abstract legal entity and specification of civil rights and obligations. It is at the stage of relations appears really subjective, ie, meaningful or that the civil law. Moreover, if in relation to the individuals the term 'entity' – this is the exact wording, then with respect to legal entities – is an umbrella term fiction, an ideal legal construct, the same ideal as the very concept of a legal entity. 'Subject' in legal theory is a generalized category, absorbing the legal status of individuals (including small and partially failed) and legal persons (including the state and organizations of all forms of property). Lawyers noted that in the civil law term 'subjective right' does not appear. Therefore, strictly speaking, to operate with the concept of 'abuse of a subjective right' does not seem logical, since in his ideal model of subjective law contains no possibility for its abuse. 'Subject right 'and' subjective rights' – this is theoretical, abstract concept, designed to facilitate the process of legal reasoning, and in terms of the ultimate goals of science are a necessary part of scientific knowledge. In this regard, problems of abuse of the right does not correspond with the very subjective right, since the law in these respects, it is 'subjective' only when it is meaningful and good faith. These and other problems of "subjectivity" of civil rights with respect to the doctrine of abuse of right in the article "The problem of 'subjectivity' civil rights' in its scientific and practical activities (legal services, Tax Law) deal with qualified attorneys Law Firm "Irbis" Volgograd region.