The Death of Man in Context of Study of Persons
Abstract
The increased attention of modern researchers to the legacy of the classics of Russian civil law has led to the discovery of alternative approaches to understanding the fundamental tenets of civil law. One of these findings is the doctrine of persons, according to which a person (subject of law) and a man are completely different concepts, there is no identity between them, the first is subordinate to the second, as a means of activity is subject to the doer. With this approach, the person becomes a set of legal opportunities provided to the man, his legal capacity. Taking the separation of a person and a man, on the one hand, and the identification of a person and legal capacity, on the other hand, the author of the article concludes that legal capacity is not in absolute dependence on human life. The author refutes the widespread opinion about the termination of a subject of law (natural person) and civil legal capacity at the time of death. It is concluded that Article 17 of the Civil Code of the Russian Federation does not contain an indication of the moment of complete termination of legal capacity, but determines only the reason for its gradual termination — the death of man. It was proposed to call the long process of termination of legal capacity with the gradual disappearance of its individual elements called destruction of legal capacity. The conclusion about the preservation of a natural person, that is civil legal capacity, after a death of man is used in a critical study of legislation and allows the author to formulate proposals for improving legal regulation and law enforcement practice in such areas of public life as inheritance, bankruptcy, intellectual property, state registration of rights to immovable property.
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