Open AccessTime factor in civilian material legal relations. Features of the security and legal obligation
Author(s) -
P. D. Guyvan
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.64.20
Subject(s) - lawsuit , obligation , legalization , political science , law , debtor , state (computer science) , coercion (linguistics) , law and economics , business , sociology , creditor , computer science , debt , linguistics , philosophy , finance , algorithm
This scientific article is devoted to the study of an important issue on the essential and temporal characteristics of regulatory and protective civil legal relations. In operation it is necessary that the factor of time in different ways affects the essence and existence of both regulatory and protected legalization. A comparative study of the term of their existence is carried out, similar and excellent features are identified. It is noted that in contrast to the estab-lished mechanisms for regulating the time measurements of interactions in an undisturbed state, with the scientific postulation of existence / implementation of security and legal powers there are numerous problems. And the first of them is that the overwhelming majority of researchers practically identify the terms of protection of violated sub-jective law with a lawsuit. So the author advocates the thesis, the lawsuit and the period of protection of protection rights are not the same. Only the realization of claims are not limited to the security of the person in case of viola-tion of its rights. If a person made its own law, presenting a lawsuit for a court period, which means that it has been able to realize its security rights requirement for a faulty debtor by means of state coercion. If not, then its security right will still continue although without the ability to enforce. But, in any case, regardless of whether the belief of the judiciary or an extrajudicial way to protect its impaired material law, the duration of compulsory or voluntary realization of its security powers does not fall under the influence of a different institute. Therefore, ways to solve the problem of distinguishing security terms, providing various definitions and legal provision of periods of imple-mentation of security regulations, which arises as a result of and at the time of the offense, and the element of this law - the claim, which provides an appropriate result with the use of state coercion. Proposals for systematization of material terms are made, based on the effects of their expiration regarding the possibilities of implementing the legal status of the carrier.