head of the Department of civil law and corporate studies of the Russian State University of Justice, doctor of legal sciences, professor, honored scientist of the Russian Federation, academician of the Russian Academy of Natural Sciences
69, Novocheremushkinskaya st., Moscow, Russia, 117418
The basic starting point, which expresses the essence of law as a special social phenomenon, is human rights, the individual, his/her attitude to the state. The provisions of the Article 2 of the RF Constitution cannot be called an ordinary legal relationship, the relationship of a person and a citizen with the state is the starting point for the legal measurement of all social relations arising as a result of the of citizens’ and their associations’ activities. The purpose of this article is to show that consideration of subjective civil rights and obligations as elements of a legal relationship belittles their role as independent regulators of social relations, a legal category existing only in legal relations, even those, identified with the latter. The approach to subjective civil law as a self-sufficient legal category makes it possible to single out relations that are governed by law, but are not legal relationships, i.e. those or other manifestations of the will and interest of a person who do not receive full expression in subjective civil rights and obligations, but are expressed only in the connectedness, affiliation of persons. Interconnectedness is not a legal relationship, because their participants do not have pre-established civil rights and obligations, and they can arise in the event of circumstances specified in the law. The type of cohesion between persons is incomplete composition of civil rights and duties, i. e. parts, elements of subjective civil law (consent to the transaction, the right of pre-emption, the decision of the commercial entity’s general meeting to commit a major transaction or transaction in which there is interest). Corporate rights and obligations of participants, being a transformed form of civil rights and obligations of a legal entity, do not have their complete individualization, since their implementation is possible with the participation of other participants in the corporation, and the rights themselves become duties in certain cases. The approach set forth in the article makes it possible to consider subjective civil law as a self-sufficient one, as a rule, preceding the legal relationship and having in some cases a complex composition consisting of separate elements.
Keywords: constitutional provisions, sectoral norms of law, absolute law, subjective civil law, civil duty, legal relations, civil-law consequences, parts, elements of subjective civil law, digital rights, affinity of persons (affiliation), corporate rights and obligations of corporation participants, consent to the transaction.
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