Development of the Doctrine and Legislation on Subjects of Civil Legal Relations

Развитие доктрины и законодательства о субъектах гражданских правоотношений
Vladimira Dolinskaya
2019-01-01

euthanasia legal standardslegal capacity agelegal entities classificationlegal personalitysubjects of civil legal relations
The modern doctrine and legislation on the subjects of civil relations have been considered and compared with D.I. Meyer’s ideas. The problems of the legal personality of individuals aged up to six years have been raised; differences have been revealed in the approaches of various branches of law and legislation aimed to establish the age of full legal capacity or individual rights; a contradiction in the legal standards, as well as between its actual and legal implementation in the case of euthanasia, have been emphasized. With respect to legal entities, the following issues have been discussed: aims of their establishment and activity, character of legal personality, classification of legal entities. In the analysis of public legal entities, the main attention has been paid to the combination of political and economic governance by the country, which implies the unity of power between the sovereign and the owner; the legal personality of the state, as well as the personification of its legal personality in civil matters, have been analyzed. In addition, the legal personality of other entities has been confirmed. Therefore, it has been concluded that when deciding on the circle of subjects of civil legal relations, it is necessary to take into account the attributes of a participant in legal relations, a full set of elements of legal personality.
1
Analysis of legal entities addresses their establishment aims, personality character, and classification, confirming legal personality of various entities.
2
Conclusion: determining subjects of civil legal relations requires considering participant attributes and the full set of legal personality elements.
3
Contradictions exist between legal standards and their practical implementation regarding euthanasia within civil legal norms.
4
Legal personality of children under six years raises problems due to differing approaches across branches of law and legislation on age of legal capacity.
5
Modern doctrine and legislation on subjects of civil relations are compared with D.I. Meyer’s ideas, revealing notable conceptual differences.
6
Public legal entities blend political and economic governance, implying unity of sovereign power and ownership and personification of state legal personality in civil matters.

Subjects of civil legal relations (natural persons including minors and persons up to six years, legal entities, public legal entities, and the state)

Legal doctrine and legislation concerning legal personality, capacity, classification, attributes and participation of these subjects in civil legal relations, including tensions between branches of law and issues like euthanasia and personification of state legal personality

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2019-01-01
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Vladimira Dolinskaya
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