Теоретико-правові питання щодо об’єкта лізингу.

Abstract

The article presents various theoretical and legal approaches to the interpretation of the category of of law. The scientific approach to the definition of the category in the legal relationship as its integral part was applied. An approach is used to identify the categories of of law and of legal in the same meaning. Grounded position on the impossibility of objectless legal relations. We study the main scientific theories that explain the essence of the object of legal relations: pluralistic and monistic. Based on analysis of current legislation in the field of regulation of activity, found that the legislator uses the pluralistic approach – good to determine the non-exhaustive list of objects of legal relations. Taking into account the provisions of the legislation in the field of leasing, we were offered our own definition of the concept of leasing object. The essence of the object and its features were identified. The monistic theory of the object of two type applied to legal relations. We have found out that in the legal relations the actions of the subjects of the leasing, provided by the agreement, are of the object of the first type, and in the form of things necessary for the organization and direct the implementation of activity is the object of the second type. We considered the essence and specific features of the which may be the object of the second type of relationship. Correlation of concepts of property and thing is defined. The need for the distinction between of and of the proved their correlation. The complex internal structure of the subject of the financial agreement investigated. During the study established, that the subject of a financial agreement consists of two objects, namely: the legal object – actions on the transfer of for temporary use for a set fee, and the material object – things, defined by individual characteristics, classified under the legislation to the fixed assets.