Legal fact as the grounds of real rights termination to someone else's things

Abstract

The article is devoted to the study of the grounds for the cessation of real rights to foreign things in order to further develop the theoretical foundations for the settlement of the transition of real rights. The foundations of the emergence of legal relations are analyzed, the elements of which are real rights to foreign things, and the legal facts of their termination are compared. The article describes the will of the subjects of real relations on termination of real rights as a dispositive factor, as well as comparative orders relating to circumstances that are not based on a contractual basis. The contract may be a legal fact that is the basis of the emergence of obligatory and real legal relations. The grounds for the emergence and termination of real relations are largely dependent on the peculiarities of the object, the real relations and the purposes of their use, where depending on the type of real rights to foreign things will be determined by their legal regime. The legal relationship that arises on the basis of the contract is mixed in nature, covering the obligatory and real legal nature of its components. Investigated that the administrative act of the authority of power can not act as a direct basis for the termination of real relations that arose on the basis of the contract without its termination. Therefore, the administrative act recognize the element of the legal composition, which ends with the termination of contractual relations. The refusal to use someone else's property should be considered as a subjective real right of any subject of real rights, which is given this civil law. The author came to the conclusion that in the event of the occurrence of the circumstance provided for a hypothesis of the legal norm, it can be considered as a legal fact, which is associated with the termination of real relations. The legal consequences of the mechanism of law accession are the appointment of certain rights and responsibilities of participants in civil legal relations or legal relations as a whole. In view of this, in the work it is proposed to improve the classification division of the grounds of termination of legal relations with strangers.