Абсолютные и относительные субъективные гражданские права: проблемы теории

Abstract

The author demonstrates that subjective rights are a precondition and the main object of legal regulation of public relations. Subjective rights are not a preference or a zone of exclusive competence of the civil law, but an object of comprehensive inter-branch legal regulation in any legal order. The author focuses on subjective civil rights and their classification into absolute and relative ones. The article considers and analyses the doctrine of absolute and relative subjective rights which dominates in the Russian and foreign jurisprudence. The author proves impossibility and groundlessness of differentiation of absolute and relative rights by the number of subjects liable, analyses general passive legal obligation, and substantiates its public rather than civil-law nature. In conclusion the author suggests his vision and understanding of absolute and relative subjective rights.