Concept of financial private (legal) relationship
Keywords:
possession of financial property, financial private relationship, financial private legal relationshipAbstract
The concept of financial private (legal) relationship is researched on the basis of the triad philosophical categories (things, attributes and relationship). It is noted that a key attribute of subject of finance which generates such a relationship appears possession of financial property. There are two types of private financial relationship. In the first type of the relationship, a possessor of financial property has a correspondent who does not have this particular property. The second type of relationship is expressed by joint possession of the same financial property. In the view of the author private financial relationship is a relationship of private subjects of finance determined by possession of financial property. Private-law attributes of subjects of finance give legal form to financial private relationship. The author concludes that financial private legal relationship is a relationship of subjects of private law determined by their private-law attributes associated with possession of financial property.
References
- Uemov A. I. [Things, attributes and relationship]. Moscow, 1963 (in Russ.).
- [New encyclopedia of philosophy] : in 4 vol. Moscow, 2010. Vol. 3 (in Russ.).
- Hegel G. W. F. [Works] : in 14 vol. Мoscow, 1937. Vol. 5 (in Russ.).
- Leibniz G. W. [Works] : in 4 vol. Мoscow, 1983. Vol. 2 (in Russ.).
- Locke J. [Works] : in 3 vol. Мoscow, 1985. Vol. 1 (in Russ.).
- Korkunov N. M. [Lectures on the general theory of law]. Мoscow, 2010 (in Russ.).
- Belov V. А. [Civil law] : in 4 vol. Мoscow, 2016. Vol. 1 (in Russ.).
- Magaziner Ia. M. [Selected works on the general theory of law]. Saint Petersburg, 2006 (in Russ.).
- Aleksandrov N. G. [Legal rule and legal relationship]. Мoscow, 1947 (in Russ.).
- Alekseev S. S. [General theory of law] : in 2 vol. Мoscow, 1982. Vol. 2 (in Russ.).
- Chegovadze L. A. [Structure and a state of civil legal relationship]. Мoscow, 2004 (in Russ.).
- Ioffe O. S. [Selected works on civil law. From the history of the civil law science thought. Civil relationship. Criticism of «Business law» theory]. Мoscow, 2009 (in Russ.).
- Kechek’ian S. F. [Legal relationship in socialist society]. Мoscow, 1958 (in Russ.).
- Tolstoi Iu. K. [On the theory of legal relationship]. Leningrad, 1959 (in Russ.).
- Khalfina R. O. [General doctrine of legal relationship]. Мoscow, 1974 (in Russ.).
- Tkachenko Iu. G. [Methodological issues of the theory of legal relationship]. Мoscow, 1980 (in Russ.).
- Protasov V. N. [Legal relationship as a system]. Мoscow, 1991 (in Russ.).
