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Article Subjects of the Civil Law of Ukraine: the Definition, Features and Forms
Authors Bordeniuk V.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 8 / 2014
Pages 242 - 252
Annotation The article is dedicated to the research of the main features of the civil law subjects, which include not only natural and legal persons, but also Ukraine, Autonomous Republic of Crimea, and territorial communities. The article covers the idea that the relevant features in which they differ from legal entities belonging to other branches of law are inherent to these subjects of civil law. These peculiarities are caused by the character of the civil terms, which have to be performed on the basis of the juridical equality, free will and the property’s independence of their actors. In accordance with such approach, the article scrutinizes the features of the civil capability of the private and juridical bodies as well as the state, the Autonomous Republic of Crimea and territorial entities. By other, the article substantiates that the bulk of the civil capability of the private person for a period of life is solid and does not depends on the age, the health or other factors, that influence the quantity of it’s juridical capability in public branches of law. The article critically estimates the division of juridical bodies into juridical bodies of private and public law as well as ideas concerning the elaboration and application of the common definition of the «juridical body» for all branches of law. The conclusion is made that the state, the Autonomous Republic of Crimea and territorial entities, as subjects of the civil law, have certain peculiarities, which are caused by their public functions and tasks, entrusted to them in accordance to Constitution and laws of Ukraine.
Keywords subjects of law, subjects of the civil law, private bodies, juridical bodies, state, Autonomous Republic of Crimea, territorial entities as subjects of the civil law.
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