Doctrinal Approaches To The Legal Category Of The Limitation Of Rights Of The Participants Of Family Legal Relationship
Keywords:
limitations of the rights, doctrinal approach, legal category, prohibition, permission, limit.Abstract
The article is devoted to the subject matter of the development, generation of the legal category of limitations of the rights of participants of family legal relationship beyond measure of studies (doctrines) of some branches of the law particularly and the science in whole. Therefore, it is necessary to follow up (development, generation) gnosiology of the category of limitations of the rights of persons (participants), beyond measure of studies (doctrines) of different branches of the law of studies (doctrines) of some branches of the law particularly and the science in whole. The attention is paid to the research of: the philosophical legal approach to the category of limitations of the rights of persons; the theoretical legal approach to the category of limitations of the rights of persons; the private-law approach to the legal category of limitations of the rights of natural persons (subject to the studies of the ancient Roman lawyers (civilians). On the ground of worked out and studied doctrines author gives his own idea of the legal nature of the legal category of limitations of the rights of participants of the family legal relationship. With that the author defines the order of the determination of limitations of the rights of the participants of family legal relationship and under the already existing approaches to the legal category of limitations of the rights composes author’s definition of the concept of limitation of the rights of participants in terms of the family law of Ukraine.
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