ON THE OBJECTIVE AND SUBJECTIVE IN THE LEGAL NATURE OF THE INTEREST

Authors

  • Svetlana Alexandrovna Burmistrova Author

Abstract

The article is devoted to the study of objective and subjective principles in the nature
of interest as a legal phenomenon. The presence of three concepts recognizing the
objective, subjective and mixed (objective-subjective) nature of interest in law is shown.
The content of each of the concepts is characterized. The main shortcomings of each of
the concepts are presented, which serve as an excuse for their criticism. Adhering to the
mixed nature of interest in law, the author sets out her own vision of combining objective
and subjective principles. It is justified that the combination of the objective and subjective
displays a dual nature of interest in law, but does not indicate a contradictory nature
of such an approach to its understanding. The author's position is confirmed by the conducted
analysis of needs, as a result of which typical needs are identified, mostly reflected
in the legislation, and individual, rarely receiving normative consolidation.

Author Biography

  • Svetlana Alexandrovna Burmistrova

    Candidate of Sciences (Law), Associate Professor of
    Department of Civil Law and Civil Procedure, South Ural State University, Chelyabinsk, Russian
    Federation.

Published

2018-03-19