To download article.UDK 347.13.22
DOI: 10.15507/VMU.024.201404.073
ON THE REGULATORY POWER OF UNILATERAL TRANSACTIONS
О. М. Rodionova.
(Associate professor of Civil Law and Procedure chair of Law faculty, Ogarev Mordovia State University (Russia, Saransk, 68 Bolshevistskaya Str.), Candidate of Science (PhD) degree holder in Sociology, This email address is being protected from spambots. You need JavaScript enabled to view it.)
The article deals with civil and legal nature and significance of unilateral transactions. The author points out that the Russian legal science often regards necessity - of unilateral transactions as a special element of the mechanism of civil regulation. Some scientists see its special role by right of the fact they generate not only subjective civil rights and obligations, but also mediate specific legal education that are called differently “powers”, “secondary powers”, “transformative powers”, “entitlement to legal research of the situation”. The author expresses doubts about loyalty of these statements. The article analyzes the positions of various researchers of the problem and indicates their conformity between civilized reality and theory. Criticism of the theory of dynamic capacity theory of organizational and legal relations, created by M. M. Agarkov, advanced by O. A. Krasavchikova theory of so-called «secondary rights», that emerged in Germany in the late XIX century and was supported by several modern Russian jurists. The article uses activity-dogmatic approach to analyze the problem. On its basis, the author comes to the conclusion that the regulatory effect of transactions - is related to the fact that in terms of unilateral transactions are private and self-contained provisions. Value of this conclusion is illustrated by the example of the resolution of disputes about the legal nature of the will, a legacy, accepting the inheritance, because these acts are usually analyzed by the scientists who insist on the special role of unilateral transactions.
Keywords: one-sided deal, “organizational relations”, “secondary law” will, bequest, inheritance acceptance.
This work is licensed under a Creative Commons Attribution 4.0 License.
