Abstract
The article aims to research the termination of rights in the mechanism of civil legal relations. The relevance of the work is expressed by the fact that the analysis of the reasons for termination of right is based on the analysis of legal facts that are realized in the process of formalization of some civil legal relations. The fol-lowing methods were used: analysis, synthesis, comparison, abstraction. The nov-elty of the study is determined by the fact that the authors of the article research the causes of termination of right and the possibility of implementing this process is universal and local legal systems. The authors consider each of the principles of termination of right as an opportunity to form a qualitatively new subject of re-search and development of the local legal system. The article analyzes the general grounds for termination of rights and suggests implementation measures with consideration of international law. The practical relevance of the study is determined by the fact that for the first time not only direct forms of restriction of rights and measures to terminate them were considered, but also recommendations were developed on the details of the matter in question.
Highlights
In the modern legal state, where both individuals and legal entities actively defend their rights, there are more and more cases of the reorganization of a legal entity in the course of the organization of activities, which naturally causes a need to replace a creditor or debtor in an obligation, or in connection with the death of an individual (Badovskis et al, 2017). This refers to procedural legal succession (Hashem, 1964a)
For the practical implementation of the provisions of the legislation regulating the universal law enforcement procedure, in our opinion, it is necessary to define the entire mechanism of universal law enforcement, identify its elements, the relationship between them, the sequence of actions of participants in civil relations aimed at realizing the rights and obligations of participants in the legal succession procedure, legal remedies for creditors’ rights and other elements. Such a methodological approach is the first attempt in the science of civil law towards a theoretical understanding of the procedures of universal legal succession
A contractual practice based on the caveat emptor principle of common law will have to cope with some regulatory laws that have an even stronger paternalistic position than that which some systems are already showcasing today
Summary
To cite this version: Anatoliy Kostruba, V Vasylyeva. Termination of right in the mechanism of civil legal relations. Rivista Di Studi Sulla Sostenibilita, 2020, 2020 (1), pp.287300. HAL is a multi-disciplinary open access archive for the deposit and dissemination of scientific research documents, whether they are published or not. The documents may come from teaching and research institutions in France or abroad, or from public or private research centers. L’archive ouverte pluridisciplinaire HAL, est destinée au dépôt et à la diffusion de documents scientifiques de niveau recherche, publiés ou non, émanant des établissements d’enseignement et de recherche français ou étrangers, des laboratoires publics ou privés. Termination of right in the mechanism of civil legal relations by Anatoliy V.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
