 Compensatory Nature of Legal Facts in Mechanism of Civil Property Relations TerminationКомпенсаційний характер юридичних фактів у механізмі припинення цивільних майнових правовідносинPost-Print from HAL Abstract: Legal regulation achievement of public relations is provided by good behavior of the corresponding civil relationssubjects established within their program of legal action. At the same time, situations of social conflict arising between the civil property relations parties are not an exception. Terms of its formation is the threat of legal consequence rise and occurrence, which was not foreseenby civil relations participan ts as a goal, the fulfillment of which is the desire of the parties. As the result, the change in the social relations legal regulation mechanism configuration is happening. In particular, legal facts defects in the stage of enforcement causes the compensation of such defects in such legal regulation stage as therights-terminating stage, which is provided by civil property relations legal regulation appropriate mechanism (rights-terminating mechanism). This mechanism functioning is provided with such elements as rights-terminating legal facts. Their main goal – the civil relations termination in connection with the establishment of actual or legal defects of the legal fact party in the stage of enforcement, making it impossible to achieve the programmed by the parties legal result. The purpose of this scientific publication is rights-terminating legal facts functional value establishment in the mechanism of civil relations legal regulation, its compensatory meaning in the process of the civil legal relations regulations. The compensatory meaning of rights-terminating facts is to compensate the defect of legal aspects real or actual side in the corresponding consequences corrected with new legal models of civil relations behavior. Rights-terminating legal facts systematization in the compensatory group on the basis of their functionality allows to range to them:recovery of property application, seizure, destruction of things, the suspension of property, which by the law can not belong to the person, requisitioning, historical and cultural monuments purchase , land purchasein connection with public necessity, nationalization, an individual's death, obligations termination at the request of a party, innovation, inability to perform civil obligations etc. The rights-terminating legal fact compensatory action in the mechanism of real relationships suspension is assigned in causing of such real and legal consequence of rights-terminating legal fact, which corresponds to the principle of legal certainty. Note, in absolute relationship the defects possible existence is characterized primarily for rights-terminating legal facts, due to the real nature of the relationship. Legal facts defectiveness in the enforcementstage changes the form of legal regulation of civil relationships and actualizes the rights-terminating mechanism. The compensatory action of the mechanism of legal termination of property relations can be noticed in rightsterminating stage. The compensatory action of mechanism of legal termination of property relationsis a process of its system sorting through the coherent interaction of level elements. Control parameter of self-organization is rights-terminatingcompensatory legal fact gradient. The result – the emergence of civil property relations of more qualitative level. Keywords: legal facts; civil legal relations; civil legal mechanism of legal regulation; mechanism of legal termination of property relations. (search for similar items in EconPapers) Published in Journal of the National Academy of Legal Sciences of Ukraine, 2015, 82 (3), pp.68-78 Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02490126 Access Statistics for this paper More papers in Post-Print from HAL |
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