Абсолютные отношения в составе гражданского права

Abstract

The article studies one of the central categories of civil law,
 which is civil legal relations. The category of legal relations that builds
 the subject of civil law, that receives the cleared fixation in legal acts, including
 the unified acts (Civil Code of the Russian Federation), causes
 until present time different discussions in the civil legal science. This is
 indicated of scientific researches of Soviet and Russian scientists since
 middle of 20th century.
 The fundamental division of legal relations into absolute and relative
 relations tries to earn our interest because of its practical significance.
 Depending of rating of legal relations to specified kind the optimal
 mechanism of legal influence on participants of legal relations using of
 private and / or public legal instruments is defined. Inspite of all these,
 the subject of this article are first of all absolute legal relations. The author
 tried to generalize existing concepts in the science of civil law about absolute
 legal relations, to define the possibility to differentiate absolute and
 relative legal relations. The question about the possibility of existence of
 legal relations with elements of absoluteness and relativity, parallel existence
 of absolute and relative legal relations in connection to the same
 subject is raised. The specific character of absolute legal relations is analyzed
 in connection with proprietary legal regulation, regulation in the
 field of intellectual property rights, protection of immaterial goods and
 immaterial rights, as well as in connection with relative new field of legal
 regulation of corporate legal relations.
 In the article the conclusion about the necessity of resumption of scientific
 discussion concerning the essence of absolute legal relations and
 necessity of their cleared definition ad litem is made.