The essence and features of housing legal relations
Abstract
The analysis of scientific viewpoints of scholars on the interpretation of the concepts of “social relations”, “legal relations” and “housing legal relations” has been carried out, and the author's own definition for the latter has been proposed. It has been established that legal relations are bilateral volitional relations between subjects of law which arise on the basis of legal provisions and are regulated by them with a view to recognising, exercising and protecting their rights, freedoms and interests. A key characteristic for legal relations is their voluntary nature and purpose, as they arise exclusively for a specific purpose. The specificity of legal relations depends on the sphere of public life in which they arise and the rules of which branch of law they are regulated.
It has been proved that housing legal relations are legal relations regulated by housing law provisions between legal entities which have the necessary legal personality and are related to the acquisition and/or exercise of the right to ownership of housing, use, lease, privatisation, change of housing owner, and other issues which are subject to regulation by the provisions of the relevant branch of law.
It has been identified and characterised the subject, object and subject of housing legal relations. It has been argued that housing legal relations accompany a person almost all his/her life, since housing is one of the basic needs of every person. That is why an important task of the legislator is to create all the necessary legal and organisational conditions for the proper functioning of the latter.
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References
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