The Other Person As A Party Of Civil Relations

  • O.Ya. Kuzmych
Keywords: third person; another person, subject of civil legal relationship; civil relationship, party of civil relations.

Abstract

This article focuses on the issue of clarifying the content of certain legal categories that are part of the science of civil law in particular such categories as the «party of civil relations,» «subject of civil relations», «third party» and «the other person». Special attention is devoted to their comparative legal characterization, in particular it was defined that such concepts as the other person and the third person are not identical by their content. While the other person has a direct legal relationship with the party of civil relations as a legal category, the third person has legal relations with the subject of civil legal relationship. It was determined that by its content the subject of civil legal relationship is a broader concept than a third party, the latter should be considered as one of the kinds of civil relationship.

The other person has no legal connection with the civil relationship, which is taken as a basis, it is not identified, and cannot have any subjective rights and duties. In order to be the other person it is enough to have legal capacity, the potential of civil capacity doesn't have any significance.

Following the analysis of certain legal institutions, in particular mediation, preferred creditor's rights and replacement of a creditor in the obligation document it was concluded that the persons with whom the mediator (attorney) gets engaged in civil law relations under mediation agreement should be considered as the other and not the third persons similarly as people who do not have any legal link with legal relationships that mediate the origin and termination of most rights.

Principal obligation debtors are also supposed to be referred to as other persons, regardless of the transaction that mediates the replacement of the creditor in such an obligation.

Published
2020-01-19