Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2018 11 (6)

Authors

Syrykh, Vladimir M.

Contact information

Syrykh, Vladimir M.: Russian State University of Justice 69 Novocheremushkinskaya Str., Moscow, 117418, Russia;

Keywords

law; person; will; legally significant acts; private law; economic viability; legal capacity; individual right; stages of will formation

Abstract

The article demonstrates that traditional neglect to the processes of formation of a person’s will to commit legally significant acts by the positivist doctrine leads to an incomplete and unilateral study of the mechanism for the implementation of the norms of law, from which the real life of law, as well as complex and contradictory assessments and actions of the subjects of law that are of great significance and, above all, of persons, are omitted. The doctrine, accordingly, simplifies the processes for persons’ choice of options of legally significant behavior and the role of state coercion in ensuring stable law enforcement in a society and a state. Meanwhile, the process of formation of a person’s will to commit legally significant acts goes through four stages: 1) the choice of the object of legal relationship; 2) determination of a variant of legally significant acts capable of ensuring obtaining the object of legal relationship; 3) systematization of legal provisions, which a person is going to be guided by in the process of entering into legal relationship and fulfilling the obligations assumed; 4) formulation of the terms of the agreement, which a person plans to make upon entering into specific legal relationship. A person’s choice of compliance with the law depends not only and not so much on the direction of his/her will, as on the economic financial situation. Economic viability, provided by the appropriate material resources of a person, is the primary condition for his/her legal activity in the field of private law. An economically insolvent person, who is permanently for a long time included into the number of economically needy people, is partially incapacitated in the legal sense, despite his/her formal, constitutional equality with others, including representatives of the social strata of society. At the same time, the fact that in the process of his/her will formation to perform legally significant acts an economically active person, as a rule, forms a system of rules of how he/she should act within the limits determined by law to ensure the achievement of the planned positive results, should be taken into account. The desire for material benefit is undoubtedly the fundamental factor in the choice of a legally significant behavior in the field of private law by a person, often prevailing over the principle of legitimacy and strong-willed orientations of the legislator

Pages

1002-1009

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/71668

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).