Participants (Subjects) Of Civil Legal Relations As One Of The Criteria For The Identification Of Third Parties

  • O.Ya. Kuzmych
Keywords: third party, civil legal relations, party to civil relations, subject of civil legal relations, subject of civil rights, party.

Abstract

The article is devoted to the development of one of the scientific criteria that can be taken as a basis for the identification of third parties in civil legal relations, namely the participants (subjects) of civil legal relations. The article analyzes doctrinal studies on the problem of understanding the content of such concepts as the participant of civil relations, the subject of civil legal relations, the subject of civil rights. In particular, participants in civil relations are individuals and legal entities, as well as other public entities referred to in Art. 2 of the Civil Code of Ukraine, which having civil capacity and capacity can participate in civil legal relations. At the same time, the subjects of civil legal relations are the participants, whose circle is defined in Art. 2 of the Civil Code of Ukraine, which, in the presence of appropriate prerequisites, have already entered into appropriate civil legal relations. Therefore, having entered into the relevant legal relationship participants, the circle of which is defined in Art. 2 of the Civil Code of Ukraine can become one of the subjects of the legal relationship, which is taken as the basis, and a third person. Particular attention is paid to the relation between such concepts as the subject of civil legal relations and the subject of civil rights. The parties to the civil relationship are a variety of subjects. parties to civil legal relations are subjects of binding legal relations with mutual subjective rights and obligations. As concepts of «party to civil relations», «subjects of civil legal relations», «subjects of civil rights» in relation to the meaning of the concept of «third person» have a general character. In particular, as a third party are the participants whose circle is defined in Art. 2 of the Civil Code of Ukraine, which have already entered into the relevant civil legal relations, and as a consequence, possess the characteristics characteristic of such persons.

Published
2019-08-06