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Title

Object of civil rights and legal regime: problem of definition

Author

Podshivalov Tikhon Petrovich

was born on September 30, 1983. In 2011 he defended a Candidate’s thesis “Negatory action”. Now he is an Associate professor of the department of Civil Law and Procedure of South Ural State University. He is the author of more than 50 publications. Research interests: problems of protection of real rights, objects of civil rights and real property, precontractual relations, comparative law. E-mail: podshivalovtp@gmail.com.

Section

Problems and Questions on Civil Law

Abstract

The article deals with the solution of the problem to give definition to a single object of civil legal relations. The article performs the analysis of five basic approaches given in a theory of civil law: 1) object is a benefit; 2) object is behaviour of the participants of relations; 3) object is behaviour of the participants of relations with reference to benefits; 4) dual object is a legal and tangible benefit; 5) object is a legal regime. The author comes to the conclusion of the accurateness of the fifth approach, according to which tangible and intangible benefits can be the objects of civil rights only in case of their recognition by the law order of a certain state by means of establishment of a certain legal regime.

Keywords

object of civil rights, civil legal relations, legal regime, property, item of property.

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