The mechanism of private law provision of construction

The article substantiates that legal means in the field of construction and legal relations for their implementation are elements of legal support for construction, not legal regulation. The latter is part of the legal provision: its purpose is limited exclusively to the regulation of public relations in the field of construction, and with the help of these means, which, in turn, is evidence of the static nature of the phenomenon in question. Legal support for construction, in contrast, is dynamic: it is designed to implement patterns of behavior provided for by legal means in the field of construction, within the framework of the legal relationship of construction. Thus, legal provision creates conditions for achieving the goal of the construction entity or entities. Legal support for construction, depending on the purpose (type of satisfied interest - public or private), is proposed to be divided into two types: public law and private law. It is established that private law support for construction differs from public law in that it allows for the possibility of choosing or changing behaviors provided for by private law means through the manifestation of legal initiative on the part of legal entities.; legal relations on the implementation of private legal means arise between legally equal entities with autonomy of will and property independence; private law provision of construction is characterized by such a type of legal regulation as permissive. It is proved that private law means in the field of construction consolidate two possible models of behavior of subjects for their construction activities: individual and contractual. Each of them has its own way of implementation - the legal relationship of construction: the legal relationship of ownership or the legal relationship of obligations, respectively. Collectively, these elements of private law support for construction form its specific mechanism - individual or contractual. Within the framework of these mechanisms, a legal entity that is an authorized party to a legal relationship is endowed with a certain subjective right (subjective ownership right or subjective right to demand the creation of a building, structure, or structure), through the implementation of which he satisfies his interest in creating a building, structure, or structure. The author declares no conflicts of interests.

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