Secondary legal relations as the special type of legal relations

In this article, the author, from the standpoint of a general legal approach, defines the essence of such a legal structure as a “second legal relationship”, which in the conceptual aspect is largely not developed, and the points of view available regarding its legal nature belong exclusively to civil law science. In the course of the study, using the comparative method, special signs of a second legal relationship are revealed by comparing them with the signs of a classical legal relationship. In addition, the author based on the existing classification of legal relations on the basis of the dependence of one legal relationship on another, in the context of the consideration of secondary legal relations, new types of legal relations are proposed (linear derivative, indirect derivative, inverse derivative), and the place of secondary legal relations is clarified when dividing legal relations depending on the implemented function of the right into static and dynamic, among which it is proposed to distinguish dynamic neutral, dynamic positive, dynamic negative. As the main conclusion on the work, along with others, is the conclusion about the general legal nature of the second legal relationship, the features of which are the derivation from the main legal relationship and the transformative potential leading to a change in the legal sphere of behavior counterparty of a secondarily authorized person.

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Publication Details

Journal
Gosudarstvo i pravo
Published
2024-10-27
DOI
https://doi.org/10.31857/s1026945224080141
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Secondary legal relations as the special type of legal relations

Vadim V. Kramskoy
Gosudarstvo i pravo
European and International Law Studies
article

Secondary legal relations as the special type of legal relations

Vadim V. Kramskoy
article en

Abstract

In this article, the author, from the standpoint of a general legal approach, defines the essence of such a legal structure as a “second legal relationship”, which in the conceptual aspect is largely not developed, and the points of view available regarding its legal nature belong exclusively to civil law science. In the course of the study, using the comparative method, special signs of a second legal relationship are revealed by comparing them with the signs of a classical legal relationship. In addition, the author based on the existing classification of legal relations on the basis of the dependence of one legal relationship on another, in the context of the consideration of secondary legal relations, new types of legal relations are proposed (linear derivative, indirect derivative, inverse derivative), and the place of secondary legal relations is clarified when dividing legal relations depending on the implemented function of the right into static and dynamic, among which it is proposed to distinguish dynamic neutral, dynamic positive, dynamic negative. As the main conclusion on the work, along with others, is the conclusion about the general legal nature of the second legal relationship, the features of which are the derivation from the main legal relationship and the transformative potential leading to a change in the legal sphere of behavior counterparty of a secondarily authorized person.

Gosudarstvo i pravo(8)
Tambov State Technical University (RU), The Russian Presidential Academy of National Economy and Public Administration (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
European and International Law Studies
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