Email this article THE CONCEPT OF SECONDARY RIGHT IN A CONTEXT OF THE FORMULA OF SUBJECTIVE RIGHT BY S.N. BRATUS'
- Authors: Kramskoy V.V1,2
-
Affiliations:
- Tambov State Technical University
- Tambov Branch of the Russian Presidential Academy of National Economy and Public Administration
- Issue: No 12 (2025)
- Pages: 82-88
- Section: Discussions and debates
- URL: https://journals.rcsi.science/1026-9452/article/view/355794
- DOI: https://doi.org/10.7868/S3034543X25120094
- ID: 355794
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Abstract
Within the framework of this article, the author continues the scientific development of such a construction of German law as transformative rights and their separate type – secondary right in relation to the Russian legal system. To this end, the author, using the potential of historical, legal and comparative legal methodology, examines in detail the existence of the construction of secondary right in the context of two main concepts of understanding subjective rights: volitional with its inherent theory of imperatives and interest with its inherent theory of permissions. At the same time, for the sake of objectivity, the previously identified signs of secondary rights are described in detail. Focusing on the provisions of these legal ideas and the characteristic features of secondary right, the author consistently comes to the conclusion that the construction of secondary right is indifferent to the theory of imperatives and their coherence with the theory of permissions. In parallel with this, a critical analysis of the understanding of subjective law as the right to one's own behavior of an authorized person, which prevailed for a long time in the Russian legal doctrine, proposed in the late 40° and early 50° of the XXth century by the prominent Soviet jurist S.N. Bratus. Subjecting the individual components to the study S.N. Bratus' ideas about subjective right, the author believes that it is more relevant to the description of the essence of the secondary right, rather than any subjective right. At the same time, the formula of S.N. Bratus's subjective right is finalized by the author for the completeness of the description of the construction of the secondary rights by introducing into it the attribute of the unconditionality of the action of the authorized person for the onset of the legal effect.
About the authors
V. V Kramskoy
Tambov State Technical University; Tambov Branch of the Russian Presidential Academy of National Economy and Public Administration
Author for correspondence.
Email: vkramskoy@mail.ru
PhD in Law, Associate Professor of the Department of Civil Law and Process, Law Institute; Associate Professor of the Department of Legal Disciplines Tambov, Russia; Tambov, Russia
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