Daiktinės ir prievolinės teisės suartėjimo tendencijos

Abstract

Development of economic relations induces the revision of the conception of the object of civil rights. For a long time the object of civil rights used to be a feature making a distinction between real (material) law and law of obligations. An item as the main object of civil law circulates in a usual way of handing it over while obligation rights were to be transferred only according to cessio rules. The thesis analyses the extent of changes in the conception of civil rights as well as the amount of the influence these changes have made to the approach between real (material) law and law of obligations. A hypothesis is being made that subjective rights are turning into independent objects of civil rights and circulate not according to cessio rules but as items. The beginnings of subjective rights turning into independent objects of civil rights are being searched for while analysing economic and legal phenomena like legal entity, securities and an investment fund. After the subject chosen has been analysis the conclusion is being drawn: the fact of emerging of legal entity determined the beginning of subject rights turn into property consolidating them in securities. Subjective rights consolidated in securities had already been transferred not according to cessio rules but as items. Thus the circulation of these rights accelerated and they were provided with additional safeguards. After the immaterial securities and investment funds have appeared the link of the subjective rights to their material form of expression is broken for good and all, and civil relations are caused by the circulation of subjective rights, not by the transfer of their material form of expression. This is the ground for the hypothesis that the object of civil rights ceased to be the dividing line between real (material) law and law of obligations, and the approach between these two could be discerned.