scholarly journals Legal Consequences of the Abuse of Rights

2019 ◽  
Vol 3 (1) ◽  
pp. 87-92
Author(s):  
Вадим Овинников ◽  
Vadim Ovinnikov
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Third Party ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
Bona Fide ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

The paper features the sanctions for abuse of the right to an unconscientious person (violator). The ongoing reforms of civil law in the Russian Federation allowed legislators to expand the list of sanctions that can be applied for the abuse of rights. The author introduces a classification of violators that can be punished for the abuse of the right can be applied. The current judicial practice shows that it both victim and mala fide party may assume the roles of plaintiff, defendant, and a third party in court, depending on how they use and exercise their subjective rights within the framework of civil rights. The rules of law governing the refusal to protect the right against a violator may not be applied by the court spontaneously. The author found some hidden forms of behavior of the plaintiff or defendant parties, the purpose of which is to harm the other party, to refuse to satisfy the claim of the bona fide party, i.e. illegal behavior of the defendant, or satisfaction of the claim of the unconscientious party, i.e. illegal behavior of the plaintiff. The civil-law approach to the study of actual problems of abuse of right makes it possible to clarify the essence of this legal phenomenon in the modern civil law.

scholarly journals Applying the Rules of Eviction in the Domestic Civil Law

Legal Concept ◽  
2020 ◽  
pp. 89-96
Author(s):  
Elvira Osadchenko
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Semantic Content ◽  
Good Faith ◽  
Third Party ◽  
Judicial Practice ◽  
Bona Fide ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Made In

Introduction: the paper is devoted to the study of certain problematic issues of eviction, which gives rise to the responsibility of an unscrupulous seller in the event of a third party claiming a thing. For this purpose, the author considers the concept and features of a bona fide buyer, identified by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, primarily the method of system and comparative analysis, the author identifies the constituent features of “eviction” by applying an essential-substantival approach to the study of the concept of a bona fide purchaser. Results: it is found that the Civil Code of the Russian Federation does not contain a list of criteria confirming the good faith of a person. An attempt to develop such a list is made in the paper through the semantic content of the concept of good faith. Conclusions: the author concluded that fixing the eviction signs and the criteria of good faith in the civil legislation of the Russian Federation will make it possible to protect the interests of contractors, reduce the risks and protect the parties from possible fraudulent actions and most fully ensure the performance of contractual obligations primarily on the part of the seller.

scholarly journals On Issue of Civil and Legal Liability of the Insolvency Officer for Actions (Inaction) of Third Parties in a Bankruptcy Case

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Igor Staritsyn
Keyword(s):  
Russian Federation ◽  
Legal Liability ◽  
Third Parties ◽  
Bankruptcy Law ◽  
District Courts ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

Considering the right of the insolvency officer to involve other persons, including employees of the debtor, to ensure his powers, the article examines the possibility of bringing the officer to civil and legal liability in the form of recovering damages for actions (inaction) of such persons. It summarizes and analyzes the judicial practice at the level of the Arbitration District Courts and the Judicial Panel on Economic Disputes of the Supreme Court of the Russian Federation. A conclusion is made of admissibility in certain cases of bringing the insolvency officer to civil and legal liability for the actions of the persons involved by him. The illegal behavior and the fault of the insolvency officer can be expressed in improper control over the actions (inactions) of third parties, in selecting an incompetent person. The article offers to regulate at the legislative level the issue of the possibility of bringing the insolvency officer to liability for actions of other persons, by including such rules in the Bankruptcy Law.

scholarly journals The Russian Federation as a subject of defamatory civil law relations during the formation of the digital economy

2021 ◽  
Vol 106 ◽  
pp. 02002
Author(s):  
Alexey Telnov
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Russian State ◽  
Material Goods ◽  
The Subject ◽  
The Russian Federation

The subject of the study of this article is public relations associated with the dissemination of untrue, defamatory information (defamation) with respect to the Russian state, concerning various spheres of its activities, as well as the relevant norms of Russian civil law, the norms of international law governing non-material goods, personal non-property rights of the Russian Federation, as an independent participant of civil legal relations, the provisions of the legal doctrine and judicial practice concerning the relevant objects of civil rights (reputation, business reputation).

scholarly journals Investigating the Custody in Shiite Jurisprudence and Civil Rights in France

2016 ◽  
Vol 9 (7) ◽  
pp. 230
Author(s):  
Mahdi Nazemi ◽  
Abbas Ali Salehi
Keyword(s):  
Civil Rights ◽  
Child Custody ◽  
Civil Law ◽  
Civil Code ◽  
Third Party ◽  
Child Rearing ◽  
Religious Orders ◽  
Spiritual Dimension ◽  
The Right ◽  
Legal Opinion

Custody in Islam is the procedure for child rearing, which effects his physical and material context. What kept custody of the child apart from other issues, is attention to the spiritual dimension of the child and considering the child needs. Child custody and disputes on it leads to be an important issue for parents in countries civil law. In civil rights it becomes as well as the important of religious orders and opinions of jurists, in this regard recommendations are provided on how to improve the supervision and laws of our country's children for a better life. Therefore, in this case, it is needed to examine the legal opinion regarding to the custody of the two legal systems of Iran and France. The first custody must be investigated and have priority to the custody of the father or mother. In Iranian Civil Code the right and duty of parents in custody knows some right and some homework. In French Civil Code custody of parents towards children in all areas of life for the growth, maintenance and education of children is common and conspicuous aspects of its obligatory. The exercise of the custody right is shared between parents and conditions are considered the parent with custody situations where their absence is excused. Parents under certain circumstances can have the right to self-disclaimer or leave to a third party to ask the court about the right.

scholarly journals Prawo osobowe na ziemiach polskich wcielonych do Rzeszy Niemieckiej podczas drugiej wojny światowej

2021 ◽  
Vol 43 (3) ◽  
pp. 465-514
Author(s):  
Tomasz Kruszewski
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Third Reich ◽  
National Socialist ◽  
The Third ◽  
The Third Reich ◽  
New Interpretation ◽  
German People ◽  
The Right ◽  
Subjective Rights

The subject of this article are basic questions within the range of civil law. They concern the general position of a human and legal people in the sphere of this law on Polish territory, which was incorporated into the Third Reich. The position of individuals, the citizens of II RP, under the occupation of the Third Reich in years 1939–1945, is analysed by the author not from the perspective of literal meaning of regulations of general part of Bürgerliches Gesetzbuch (BGB) from 1896, but from the perspective of their specific interpretation, congruent with strategic and ideological purposes of the Nazi regime. In the article, the following issues are touched upon in turn: 1) personal law in terms of classical civil law contra national-socialist regime; 2) racism towards civil rights of a subjective individual; 3) elimination of the Jews from the legal relationships of civil law; 4) difficulties in the sphere of access to certain professions for Polish people and some restrictions upon personal rights; 5) the dependence of possibilities of exercising the private personal right on the consent to denationalization; 6) ban concerning getting married and the right to motherhood and fatherhood; 7) legislation of sterilisation and euthanasia. The formal changes in the legislation which were in force in the Third Reich — except for personal and family law (as well as legal rules connected with it regarding health protection of offspring), and “peasant law” (Bauernrecht) — were not significant, as is proved by the author. The old legal order was reversed in the Third Reich due to its new interpretation: classical concepts and legal institutions were filled with a different content. After the formal extension of BGB to territories incorporated into the Reich, which followed the decree of 25 September 1941 introducing German civil law, these territories became a field of social-political and racial-nationalist experiments, which in fact had a little in common with the German Civil Code’s regulations. A principle of equal access to private subjective rights was respected only in case of German people, i.a. the part which passively gave up to indoctrination. In relation to Jews, racism spoiled in this case the idea and concept of private subjective rights.

scholarly journals SOME ASPECTS OF THE PROSECUTOR'S PARTICIPATION IN REHABILITATION (IN ACCORDANCE WITH CHAPTER 18 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 30 (5) ◽  
pp. 747-752
Author(s):  
A.I. Shmarev
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The author of the article, based on the analysis of statistical indicators of the Prosecutor's office for 2018-2019 and examples of judicial practice, including the constitutional Court of the Russian Federation, examines the problematic issues of implementing the right to rehabilitation of persons unlawfully and unreasonably subjected to criminal prosecution, and the participation of the Prosecutor in this process. According to the author, the ambiguous judicial practice of considering issues related to the rehabilitation of this category of citizens requires additional generalization and analysis in order to make appropriate changes to the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 11 of 29.11.2011 "On the practice of applying the norms of Chapter 18 of the Criminal procedure code of the Russian Federation regulating rehabilitation in criminal proceedings". The examples given in the article of cancellation of lower-level court decisions were based on complaints of persons who independently sought to restore their rights, and not on the representations of the prosecutors involved in them, who were called upon to ensure the possibility of protecting human and civil rights and freedoms at the court session. The adoption of organizational measures, including those proposed by the author, in the system of the Prosecutor's office of the Russian Federation will increase the role of the Prosecutor in protecting the rights of illegally and unreasonably prosecuted persons.

On Absolute Legal Force of Obligations

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Sergey Kasatkin
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Judicial Practice ◽  
Legislative Changes ◽  
State Registration ◽  
The Right ◽  
Subjective Rights ◽  
Legal Consequences ◽  
Legal Force

The article considers the recent legislative changes that allow the extension of the notion of an obligation as a relative relationship. Based on judicial practice and the positions of well-known jurists, the author comes to the conclusion that an obligation does not only connect the debtor with the creditor, but also generates passive duty for all the subjects of law to refrain from creating obstacles to the creditor in the exercise of its subjective rights. Meanwhile a creditor has the right to protect subjective rights from violations not only on the part of the debtor but also on the part of any third party. However, in a number of statutory cases, the creditor may be denied the opportunity to refer to the obligation in relations with third parties. Such legal consequences occur, in particular, in case of non-fulfillment of legislative requirements on the necessity of state registration of the contract, and in case of violation of the rules of the notification on the pledge of movables. The author proposes to refer to legal significance of relative relationship for third parties as an absolute legal force of obligations.

scholarly journals Protection of civil property rights in case of recognition of the contract as not concluded

2021 ◽  
Vol 2 (20) ◽  
pp. 3
Author(s):  
O. A. Surzhenko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Procedural Law ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
Legal Consequences

The article examines the problems of protecting civil property rights, one of the ways of which is to recognize the transaction as invalid. When analyzing this method of protection, violations by a transaction of the conditions of its action, the legal nature of invalid transactions, individual grounds and legal consequences of their invalidity are considered. Transactions that have certain drawbacks, and therefore do not meet the conditions that make the person’s actions legitimate, closely intersect with other actions that also do not lead to the purpose for which they were committed. These are not concluded contracts. The plane of intersection of these actions is quite significant, and the criteria for their delimitation are not regulated in the law, but in judicial practice are sometimes worked out contradictory. This applies to non-compliance with the requirements for the form of the transaction (in particular, the signature of the person), essential conditions, and other provisions of the law.Protection of civil rights is one of the most important categories of the theory of civil and civil procedural law, without clarification of which it is very difficult to understand the nature and characteristics of civil sanctions, the mechanism of their implementation and other issues arising in connection with the violation of civil rights. It is noted that the originality of regulatory civil law is that it arises from legitimate legal actions and is aimed at satisfying any property need. The force of coercion gives it the ability to be provided with legal measures. The right (entitlement) to protection in regulatory legal relations is one of the transactions of any subjective civil law, according to which the rightholder can, in the event of violation of the right, make a demand for the protection of the violated civil law

scholarly journals REVIEW OF LEGAL POSITIONS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION FOR 2015-2020 ON THE APPLICATION OF THE PROVISIONS OF THE CIVIL CODE OF THE RUSSIAN FEDERATION ON THE INVALIDITY OF TRANSACTIONS AND ON THE PROHIBITION OF ABUSE OF RIGHTS

2020 ◽  
pp. 7-15
Author(s):  
Ольга Георгиевна Барткова
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

В статье исследуется содержание положений основных Постановлений Пленума Верховного Суда РФ, а также обзоров судебной практики, утверждённых Президиумом Верховного Суда РФ, которые относятся к порядку применения ст. 168 во взаимосвязи со ст. 10 ГК РФ. Обосновывается вывод о том, что злоупотребление правом отнесено законом к числу самостоятельных оснований для признания сделки недействительной. Приведены и проанализированы примеры споров, иллюстрирующие взаимосвязь норм о недействительных (ничтожных) сделках с институтом «пределы осуществления гражданских прав», с основными началами гражданского законодательства. The article examines the content of the provisions of the main Resolutions of the Plenums of the Supreme Court of the Russian Federation, as well as reviews of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation, which relate to the procedure for applying Art. 168, Art. 170 of the Civil Code of the Russian Federation in conjunction with Art. 10 of the Civil Code of the Russian Federation. The conclusion is substantiated that abuse of the right is attributed by law to the number of independent grounds for recognizing the transaction as invalid. The examples of disputes are presented and analyzed, illustrating the relationship of the norms on invalid (void) transactions with the institution of «limits of the exercise of civil rights», with the basic principles of civil legislation.

Protection of intangible benefits as a priority form of legal protection

2021 ◽  
Author(s):  
Victoria Shesterina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Protection ◽  
Civil Protection ◽  
Judicial Practice ◽  
Innovative Methods ◽  
Intangible Benefits ◽  
Methods And Techniques ◽  
Moral Damage ◽  
The Russian Federation

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.

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