Category of case in civil law
Автор: Sultonova T.I.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 2 (24), 2014 года.
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Introduction: The article is devoted to complex research of category of a case as civil phenomenon. Besides that the case belongs to one of the bases of release from responsibility as the civil phenomenon, it has wider use. One of the such areas of the civil law where the category of a case shows the legal value, aleatory contracts are. Purpose: traditionally in legal literature the concept of the case is considered through opposition to his fault. Outside civil responsibility the category of a case wasn't investigated. The specified circumstances testify about relevance of research of category of a case as civil phenomenon. Methods: the methodological basis of this research is made by set of methods of scientific knowledge among which the leading place which is taken by a dialectic method. In article are used general scientific (dialectics, the analysis and synthesis) and private and scientific methods of research (legallistic, comparative and legal, technical and legal). Conclusions: the author comes to a conclusion that specifics of different types of a case including a legal case has to be defined proceeding from objective criterias. The conclusion is drawn that expression "without quilt" makes broader sense, than the word is "casual" as covers itself besides casual processes also other bases of release from responsibility. That fact that exempts a case from liability, doesn't transfer category of a case to the category of the opposite quilt phenomenon. The statement that a case is an antipode of fault, no other than artificial substitution of a case by definition innocence. It's locates insolvency of the subjective concept of a case as it significantly narrows the case place in civil law. Applicability of this concept is limited only to questions of civil responsibility.
Case, wine, incident, aleatory contract, no-fault liability
Короткий адрес: https://sciup.org/147202392
IDR: 147202392