Ґенеза теоретичних уявлень про юридичні факти в доктрині цивільного права
The scientific article substantiates that legal facts have long been the focus of scientific research by both Ukrainian and foreign scholars, in particular European ones. Changes in doctrinal approaches to the concept and features of legal facts have been identified, starting with Roman law, in the works of German, Italian and French researchers, as well as English and American scholars. It has been found that the greatest contribution to the development of the doctrine of civil law in terms of legal facts was made by Italian and German scholars. American and English scholars do not pay much attention to clarifying the concept and essence of legal facts, operate with specificity and are cautious about abstract legal categories. It has been established that in the private law doctrine the concept of «legal facts» is quite often identified with the terms «circumstances», «results», «events», the definitions «truth», «reality» are added. It has been proven that in order for a legal fact to cause the transformation of legal relations, it must actually occur, correspond to true and realistic circumstances, and then it can be considered as a legal instrument that ensures the dynamics of legal relations. At the same time, such instruments are legal, since they are recognized by the legal norm as the basis for the emergence, change and termination of legal relations, and also have the ability to transform the actual probable model of behavior into legitimate reliable facts. It has been found that legal facts are also quite often considered through the prism of the mechanism of legal regulation. This approach is consistent with the doctrinal understanding of the concept of «mechanism of legal regulation», which reflects ongoing processes that affect social relations, characterized by the systematicity and inclusion of independent elements (legal norms; legal relations; subjective rights and obligations; legal facts; implementation of rights and obligations). Scientific views are systematized and the following features of legal facts are highlighted: specificity; individuality; temporality; normativity; objectivity; informativeness; consequentiality; formal certainty; stimulating action.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-03-14
- Primary Topic
- War, Law, and Justice
- Type
- article
- Field-Weighted Citation Impact
- 0.00