Yarotska M. Juridical composition as cause of establishment civil legal property relationships

The thesis is focused on consideration juridical composition as ground of establishment civil legal property relationships according to civil legislation of Ukraine. The theoretical provisions which served as basis for development scientific concept of juridical composition – ground for effect consequences determined by legal norm or treaty are considered. Main stages of its evolution within national civil law doctrine are defined. The author turns to the doctrine of German pandect law, which had a strong influence on the formation of the legal thought of pre-revolutionary Russia component of which was Ukraine. Using modern methods of scientific analyses, including the linguistic method, the author considers ideas of German and Russian scientists of appropriate historical period. On the basis of the analysis, the author expresses her own assumptions about the origin of the doctrine of legal (actual) compositions, its correlation with the doctrine of legal facts and the time of inclusion in the field of private law. The author fond that concept of juridical composition originated as a result of scientific conceptualization of criminal law doctrine of corpus delicti by German pandect lawyers during the second half of XIX century. In its origination such doctrine didn’t related to scientific provisions about juridical fact. Only after a while both doctrines were combined within one concept. Content of juridical composition as ground of establishment civil legal property relationships and structural relation between its elements are determined. The author considers that looking through juridical composition that is the cause of establishment civil material relationships as a system – composition of juridical fact and its conditions, researcher needs to use system-structural approach. With the help of this methodological instrument true structure of juridical composition, its element filling and character of relation between elements can be revealed. Nowadays scientists in juridical sphere admit that juridical composition elements are two or more juridical facts. But as a rule such construction of composition take place in dynamic accumulation when one juridical fact leads to establishing right to move to the next stage. In other situations, in particular when “juridical facts” accumulates in independent way they are not exactly juridical fact but likely condition of one fact. Thus juridical composition is considered as composition of juridical fact (facts) and their conditions that are necessary for establishment civil material relationships. Provisions of systems theory defines three main spheres of system: actually system that is an object of analyses; sub-systems that are the elements of system (in juridical composition as a cause of establishment civil material relationships they are facts and conditions) and system’s environment that include elements not included to system. The issue is how to demarcate line between system and system environment. Particular attention devoted in thesis to research legal nature of deficiencies of juridical composition and disclosure of structural effect of juridical composition on element construction of property civil relationships while its establishment.