ОТРАСЛЕВОЕ ОПРЕДЕЛЕНИЕ ПРАВОСПОСОБНОСТИ И ДЕЕСПОСОБНОСТИ В СЕМЕЙНОМ ПРАВЕ
SECTORAL DEFINITION OF THE LEGAL AND ACTIVE CAPACITY IN FAMILY LAW
Author(s): Elena Vladislavovna KosenkoSubject(s): Law, Constitution, Jurisprudence, Civil Law, Law and Transitional Justice, Sociology, Social development, Family and social welfare
Published by: Казанский (Приволжский) федеральный университет
Keywords: legal capacity; active capacity; judicial personality; natural person; entity person; characteristic of subject; right of subject;
Summary/Abstract: The paper analyzes the current legal doctrine of natural and entity persons in civil and family laws in terms of their comparative analysis and sectoral characteristics. Discussion on the suggestion to waive the mainly civil approach to definition of the legal and active capacity is encouraged. This led to the suggestion that the sectoral theoretical conclusions can be brought in line with the general theory of law. The modern scientific material on the theory of law is used. Innovative suggestions in this area of knowledge are presented. An attempt is made to extend particular suggestions to the area of family law. We introduce our own definition of such sectoral concepts as legal capacity and active capacity. The necessity of their determination based on a thorough analysis of research works of both Soviet and current periods in the development of legal thought is proved.
Journal: Ученые записки Казанского университета. Серия Гуманитарные науки
- Issue Year: 157/2015
- Issue No: 6
- Page Range: 191-203
- Page Count: 13
- Language: Russian