Category Interests In Private Law

Abstract

The proposed article focuses doslidzhennyayu category «interest» in private law. The author notes that the ambiguity of the use of legal terminology in national legislation, including the Constitution of Ukraine, Civil Code of Ukraine and some other legislative acts of the term «interest». Apart from terminological uncertainty, there are other problems: sometimes it is impossible to understand how important the legislator was invested in the term «interest»; sometimes identified with the interests of subjective rights, replacing each other; is another situation where the interests and subjective rights are opposed to each other - the legislator uses the disjunctive «or» the «rights or interests.» All this brings clarity imbalance in legal structures, changes the meaning of what ultimately reduces the effectiveness of regulation at all.

For these reasons, N.M. Stefanyshin correctly notes that the category of «interest» is a social and legal nature. Exploring interest in private law, «the author proposes to amend the provisions of the Central Committee of Ukraine, where the imperative to note the term» civil interest «, which should be the subject understand the desire to meet the needs of a social nature, which is manifested in its random position on the existence of objective conditions which should be realized and protected in the manner prescribed by law.