Open AccessGeneral concept on the time of exercise of the right to protection
Author(s) -
П. Д. Гуйван
Publication year - 2021
Publication title -
naukovo-ìnformacìjnij vìsnik ìvano-frankìvsʹkogo unìversitetu prava ìmenì korolâ danila galitsʹkogo/naukovo-ìnformacìjnij vìsnik ìvano-frankìvsʹkogo unìversitetu prava ìmenì korolâ danila galicʹkogo
Language(s) - English
Resource type - Journals
eISSN - 2618-0308
pISSN - 2078-6670
DOI - 10.33098/2078-6670.2021.12.24.112-118
Subject(s) - obligation , law , legal certainty , civil law (civil law) , certainty , statute , novelty , possession (linguistics) , political science , doctrine , work (physics) , property (philosophy) , law and economics , sociology , public law , psychology , social psychology , engineering , epistemology , philosophy , mechanical engineering , linguistics
Purpose. The work is aimed at studying current issues on the temporal dimensions of subjective civil law and the possibilities of its protection in the event of an offense. After all, the issue of timely exercise of subjective law is very important in society. Therefore, the term is a necessary and integral element of the content of substantive civil law, the certainty in this regard will also provide certainty in the application of the necessary legal protection tools. Methods. From the methodological point of view, the work substantiates the thesis that with the expiration of the statute of limitations the regulatory right ceases and thus the subject of protection itself ceases. Results. This concept does not cover all cases of violation of subjective civil law, in particular, it is not able to justify the proper protection of property rights in cases where one of the rights of the owner is violated, such as the right of possession or use. Because the very fact of the offense in such cases does not terminate the right of ownership. Therefore, it is emphasized that the legal analysis of the commented temporal coordinates should be carried out not within the existence of the protected (regulatory) right, but within the protection, that is, what arose as a result of the offense. Scientific novelty. The modern development of civil doctrine allows us to conclude that the subjective substantive law is realized within the regulatory legal relationship, and in case of violation of the latter there is a new separate protective obligation, within which protection is carried out, in particular, through claims. At the same time, it is obvious that judicial protection does not exhaust the protective property of the law. In most cases, non-judicial remedies do not restrict the creditor's use of such remedies in time. Practical significance. The paper establishes that the right to exercise the protection authority, which is part of the content of the relevant protection obligation, exists for the duration of the right, except when the law explicitly establishes a special term of its validity. The violated substantive law after the expiration of the statute of limitations does not remain completely unprotected, although the degree of its protection is somewhat reduced.