INTEREST AS A CATEGORY OF CIVIL LAW
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The article explores the features of the concept of «interest», defines its concept and importance in civil relations, reveals gaps in the civil law of Ukraine, which complicate the protection of the interests of subjects of civil legal relations. It was analyzed the concept of interest in the scientific literature and various opinions on the nature of civil interest. It is determined that civil interest is an objective category, and the process of realization of interest is a dialectical unity of objective and subjective aspects. The form of expression of civil interest is social relations, the content of which is the desire of the subject to meet his social needs. It is determined that civil interest is an objective category, and the process of realization of interest is a dialectical unity of objective and subjective aspects. The form of expression of civil interest is social relations, the content of which is the desire of the subject to meet his social needs. The paper demonstrates that the civil interest is a special legal structure, is an element of a legal mechanism and ensure the harmonization of legal and de facto equality of subjects in civil law. It was defined that in legal norms it is necessary to fix the real social interests of the individual, society and the state with the aim of proper regulation of the behavior of subjects and achieving a balance of their interests.
Authors and Affiliations
Анастасія Андріївна Катренко
Keywords
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