Civilinių teisių objektų sistema: sąvokų problema
The System of Objects of Civil Rights: Problem of Concepts
Author(s): Asta Jakutytė-SungailienėSubject(s): Law, Constitution, Jurisprudence
Published by: Mykolas Romeris University
Keywords: object of civil rights; object of civil relationship; property object
Summary/Abstract: The Civil Code of Lithuania (1964), in force until 2000, did not regulate the objects of civil rights, thus Chapter V of Part III of Book I of the Civil Code of Lithuania is a significant novelty. Several approaches to an abstract definition of the objects of civil rights still exists in the legal doctrine: whether the object of civil rights and the object of the civil relationship coincide; is the object of civil rights an element of the civil relationship and can separate objects (e.g. actions) be considered as the objects of civil rights. Some authors consider such discussion useless to the practical implementation of the law, however, other authors emphasise that the lack of attention of the theory to this subject causes methodological problems while analysing the functional and systemic links among different types of civil relationships. Therefore, the purpose of this research is to analyse the link between the concepts of the object of civil rights and the object of civil relationship, the link between the objects of civil rights and property objects and the types of objects of civil rights in order to reveal the system of objects of civil rights. The subject-matter of the research is the analysis of legal regulation and legal doctrine of the objects of civil rights and their types and their interrelation with the property objects in order to identify the abstract definition of the object of civil rights and examine the system of objects of civil rights.
Journal: Jurisprudencija
- Issue Year: 19/2012
- Issue No: 1
- Page Range: 143-157
- Page Count: 16
- Language: English