THE JURIDICAL NATURE OF TERMINATION OF SUBJECTIVE CIVIL RIGHT

Abstract

The article is devoted to the consideration of the essence of termination of subjective civil right as juridical possibilities of appropriate person ensured by provisions of civil law of Ukraine. Ignoring the widespread understanding of termination of subjective civil right as the termination of its belonging to a person the author proposes an alternative point of view on this problem. The independent character of appropriate phenomenon determines the necessity of designation the essence of its termination as an element of juridical reality. In this context, the termination not always mean the termination of belonging of appropriate subjective civil right to a person. The problem is researched by the author in the context of structural connection between elements of juridical construction of civil relationship and terminative influence of juridical facts over them. Particularly the order of termination of the subjective civil right related to its realization and to a waiver of it is analyzed. Considerable attention is paid to termination of the subjective civil right that is the result of the termination of a subjective civil obligation that corresponds to such right, termination of subject and object of relationship. The author also determines juridical schematizations related to the complex influence of terminative circumstances over civil relationships. The content of the sign of absolute termination of a subjective civil right is concretized in the article. It is defined that it means termination of subjective civil right absolutely, but not the only termination its belonging to bearer. The termination of subjective civil right doesn’t relate to its emergence at another person that is the transfer of the right. It is defined that termination of subjective civil rights also characterized by finality. This characteristic concretizes juridical situations in which appropriate juridical consequences appear. Finality means that the termination of the right doesn’t provide its renascence at the appropriate person in concrete circumstances of the juridical situation. The article contains the author’s definition of termination of subjective civil rights. Keywords: termination of right, termination of the relationship, waiver of a right, the realization of right, absolute termination, finality termination.