ORIENTATION OF WILL AS CRITERION OF DIFFERENTIATION OF THE CIVIL ORGANIZATIONAL RELATIONS

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Issue: №2 2018

Heading: Tribune of young scientist


Tags

Keywords: frame contract, organizational contracts, multilateral contract, contract with open conditions, relations of management.

Annotation

The author proves that the subject of civil law, along with the organizational relations, is another group of non-personal non-property relations. It is, in particular, about management relations based on the principle of subordination (for example, corporate relations). The criterion for distinguishing these types of relations is the focus of the will of the participants. In cases with management relations, such will is the opposite. In organizational relations, one-pointedness of the will of the participants is observed. A particular case of manifestation of this pattern is the inadmissibility of identifying multilateral treaties and treaties aimed at regulating relations related to governance.