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State in the system of subjects of civil law of Ukraine, Republic of Belarus and Russia

ГОСУДАРСТВО В СИСТЕМЕ СУБЪЕКТОВ ГРАЖДАНСКОГО ПРАВА УКРАИНЫ, РЕСПУБЛИКИ БЕЛАРУСЬ И РОССИИ

Anatoliy Kostruba ()

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Abstract: The article is devoted to studying the place of the state in the system of subjects of the civil law. It is noted that the realization of the interest of individual achieved by his/her individual actions, by means of combining individuals or a combination of capital, which leads to the creation of independent legal structure in the civil law, which becomes a fiction of the individual namely. Since the state is an alliance of the interests of persons united in a single social organism in order to ensure their implementation, it is logical that legal entity synthesizes not only the characteristic features of a corporation, but also the features that are characteristic for the state as a subject of the law. The state has no independent status as a subject of the civil law. Due to the relationship between the construction of the state and legal entities, we can assert the unity of the nature of their formation in the private law.

Keywords: legal capacity; active legal capacity; legal person; legal entity; government authorities; legal personality; corporations (search for similar items in EconPapers)
Date: 2018-04-30
Note: View the original document on HAL open archive server: https://hal.science/hal-02909179
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Published in Право.by, 2018, 52 (2), pp.100-107

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