Concept of a property complex and its place of the system of objects of the civil rights

Inclusion of an object (or the rights for an object) in structure of universitates juris does not deprive of it the mode of an independent object of the rights, and the collision between the right for the object entering universitates juris and for the estate is always solved in favor of the first. Such approach completely deprives a property complex of any properties of an object of the civil rights. If each object of the civil rights which is a part of a property complex, or each right and a duty which object it is "are attached" to the subject directly, then in this case it is impossible to speak even about the competition of the right for universitates juris in general and it is right on the objects entering it and, therefore, the property complex becomes exclusively target unity having economic, but not legal value. Object of the civil rights represents first of all the benefit capable to satisfy needs of the subject. Undoubtedly, at the order the property complex satisfies with it certain needs of people, namely connected with economy of forces, means and time during transaction. However the ability of a property complex to satisfy any requirements arising out of connection with intention to dispose of its components and which at the same time cannot be satisfied directly by means of objects of the rights and duties forming a property complex is doubtful. The property complex has no sign of discretization as the separate objects leaving its structure, even in case of their replacement with other objects are not included a complex, and become a part of all property of the person, that is real subrogation of a property complex is not provided. Thus, the property complex does not answer signs of an object of the absolute rights. At the same time, not all objects of the civil rights named in Article 128 of the Civil Code of the Russian Federation represent objects of the absolute rights that does not belittle their ability to act as objects of various legal relationship. It is represented that the property complex can be object only of obligations legal relationship as it is not capable to satisfy other needs of the person, than the need for economy of means, forces and time at inclusion of the actual set of property isolated for achievement of a definite purpose in civil circulation. At the same time, obviously, it has no specific legal regime which is given it only for transactions. After the termination of obligations legal relationship the property complex loses a special legal regime and serves only the purposes of isolation of target property as a part of all property of his owner.

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