Private-Law Status of a Higher Education Institution

  • Timofey G. MAKAROV
  • Elena V. KOBCHIKOVA
  • Olga A. CHEPARINA
  • Svetlana V. BARABANOVA
  • Vladimir V. NASONKIN

Abstract

The importance of the research topic is determined by the fact that the private-law elements are observed to
actively penetrate into higher education. Hence, the legal status of a higher education institution undergoes
drastic changes. Its conventional public-law elements start combining with private-law elements specific to market
relations. The private-law status of a higher education institution includes its private legal personality, rights and
duties within civil circulation, and private-law responsibility. The purpose of this research is to provide a
comprehensive scientific insight into the private-law status of a higher education institution, the elements of such
status, and the interrelation among such elements. The main method used to study the problem of identifying
the private-law status of a higher education institution is method of analyzing laws and regulations, as well as the
sources of literature devoted to the civil regulatory matters of higher education. It is found that the private-law
status of a higher education institution comprises its private legal personality, rights and duties within civil
circulation, and its private-law responsibility for non-performing the relevant duties. It is shown that within the
system of education, including higher education, private-law elements develop actively. Hence, the private-law
elements expand in the private-law status of higher education institutions. The results of this study are of
practical relevance for civilists specializing in education law and for lawyers working at higher education
institutions.
Published
2016-05-10
How to Cite
MAKAROV, Timofey G. et al. Private-Law Status of a Higher Education Institution. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 2, p. 305-312, may 2016. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/217>. Date accessed: 14 apr. 2024.
Section
Journal of Advanced Research in Law and Economics