Logical Reduction as an Alternative to Rhetorical Generalisation: O.S. Ioffe’s Conception of the Subjective Right in Civil Law
Abstrak
This is a theoretical reconstruction of the Russian prominent civil law scholar O.S. Ioffe’s conception of subjective right. O.S. Ioffe’s conception has its doctrinal origins in the imperative theory of law, namely, its German version of August Thon. O.S. Ioffe’s conception of subjective right is classified as the most significant variant of the analytical reduction of subjective right to Anspruch (a German equivalent of the Hohfeldian claim-right). Basic strengths and weaknesses of O.S. Ioffe’s theory have been demonstrated. Although O.S. Ioffe’s reductionism has significant theoretical flaws and fails to explain the concept of subjective right, it has had a longstanding positive impact as the most sophisticated and rigorous alternative to the dominant conception of S.N. Bratus.
Penulis (1)
S.V. Tretyakov
Akses Cepat
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- 2023
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- DOI
- 10.24031/1992-2043-2023-23-4-192-231
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