ПАРТИСИПАТИВНОЕ ПРАВОПРЕЕМСТВО В АБСОЛЮТНЫХ ИМУЩЕСТВЕННЫХ ГРАЖДАНСКИХ ПРАВАХ: ПОСТАНОВКА ВОПРОСА

Abstract

the article considers on the analysis of the set of theoretical views on the category succession, the grounds for the classification of this definition. The significant terminological ambiguity in the framework of the theory of succession is offered. The classification of succession by the presenceor absence of transformation of the regime of a subjective civil right is overviewed, the necessity to identify the category of participatory succession is shown. The number of legal acts are classified according to both the traditional dichotomy of translational and constitutional succession and the criterion of the presence or absence of a regime-forming effect. The usage of the concept of participatory succession is demonstrated not only in relation to the transformation of corporate rights and obligations, but also in relation to the case of legal separation. The further study led to the formation of the civil law community, redistribution of rights of participation in the civil law community and its abolition, in which the original owner of the subjective right is not a complete loss, but there is a transformation of the mode of existence of the subjective right.