Problems Definition Of «Alienation» In Civil Law

Abstract

        The purpose of this article is setting some scientific problems definition of alienation that require theoretical solution.

The study author concludes that the term «alienation» can be used in three distinct ways: as a condition alienation benefits (objects) as the basis of their state of alienation, as a process of alienation. Their identification would be a mistake. We should not talk about the different functions of a single phenomenon (exclusion), and the various phenomena that combined one term, but are not identical in content.

Found that require more detailed study and understanding of the meaning of «alienation» as a certain state, when the subject of civil law is alien to the person to whom it belonged. Indicates a need to use the result of «the golden rule of interpretation». Its application allows you to put two questions. It is always targeted alienation in which the object is alien to the person from whom he is alienated, but is sure to anybody who ever own, or it implies the exclusion, in which the object is alien to the person from whom he alienated, but not getting their for someone else. That is, there may be good that as a result of alienation belongs to no one?

Essential to define the subject of alienation. Revealed that in the legal literature, current legislation, the objects are treated as objects exclusion of civil rights and the rights to them. These two views are not only opposed but also among the supporters of each of them there is no unity.

This broad use of the term «alienation» is not only difficult to determine its concept and understanding and civilian traffic, as a legal phenomenon, Object limited in circulation, withdrawn from circulation and those in free circulation, defining the boundaries of the concept of alienation, as a way to civilian traffic and it differs from other related concepts like. The above points to the need for further research concept of «alienation».