ON THE MOVEMENT OF SCIENTIFIC THOUGHT CONCERNING STATUSES IN CIVIL LAW

Abstract

Abstract: the foundations of the legal facts doctrine were laid in the prerevolutionary period. At that time the first scientific ideas regarding the systematization and typification of legal facts were formed and hypotheses were put forward. Being perceived by soviet scientists, the theory of legal facts received a point, but a significant addition and some completion in the works of prominent representatives of the soviet civil law science. The objectively justified conservatism of this doctrine leads to the fact that new trends of factual reality find their scientifically justified place in the system of legal facts only after a long period of scientific testing. This situation has developed in relation to statuses in civil law. Being noticed in the framework of the legal facts theory in the pre-revolutionary period, these phenomena have not earned their strictly defined place in the system of legal facts and in the system of law as a whole. The reason for this is the multi-aspect (diversity) of the concept "status". The role of legal statuses not only in the movement of civil legal relations, but also in the legal system as a whole is still the subject of scientific discussion. How this scientific discussion developed in the pre-revolutionary, soviet and modern period is reflected in this article with the proposal of the vision of the role of statuses in civil law.

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 10 citations exist upstream.

Papers that cite the same references — the relational fallback while embeddings are still backfilling.