Some Problematic Issues of the Relation Between Material (Real) Law and Law of Obligations
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Abstract
This article discusses some problematic issues of the relation between material (real) law and the law of obligation, analyses the interaction between these two laws and discusses consequences of such interplay. The main purpose of this paper is to indicate some problematic issues of the interplay between material law and the law of obligations, also to point out guidelines for separating material law institute from the law of obligations and to emphasize the need for such distinction. The first part of this article looks at material law using obligatory categories and tries to ground the statement that material legal relationships are influenced by obligatory relationships. The conclusion is made that material legal relationship is embodied only with the help of obligations. The second part of the article describes the main forms of the interaction between material law and the law of obligation.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
