Subjectivity Civil Rights

18.07.16 / News / Author: / Comments Off on Subjectivity Civil Rights
Tags: ,

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.

Identification Documents

01.06.16 / News / Author: / Comments Off on Identification Documents
Tags: ,

I recall an old anecdote about the Rostov two drug addicts who are in the park to them. Gorky stopped a police patrol. On the question of patrol: "Documents have?" Junkies happily answer: "Ka-ah-ah-course, eat!". The patrol begins angry: "You do not understand. Documents yours? "Freaks, laughing loudly, say:" Es-with-stestvenno, ours! Whose else? ".

This, of course, a joke. But, nevertheless, in our daily lives are very common situation when you need one or a document proving our identity, and a document proving our credentials for specific actions. For example, in order to register rights to immovable property, registration service, together with statement and a document confirming payment of fees to an individual must present a document proving his identity, and the representative of an individual, in addition, another document confirming the the representative's authority. Most often, such a document is notarized power of attorney. "A person entitled to act without authorization from the legal person, present a document confirming his personality, the constituent documents of legal entity or notarized copies of constituent documents of a legal entity, and a representative of a legal entity, in addition, proof of his powers to act on behalf of the legal person or a notarized copy of the document "(Part 4 of Art. 16 of the Federal Law of July 21, 1997 122-FZ" On state registration of immovable property and transactions with them. " It is easy to see that, regardless of whether an individual acting on his own behalf or on behalf of and in the interests of another person, or on behalf of an entity, you need a document proving his identity.