The reasons for application of compulsory measures in the civil law
Автор: Miroshnik Alexander Vitalyevich, Miroshnik Maria Aleksandrovna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Юридические науки
Статья в выпуске: 15, 2014 года.
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The civil law admits possibility of a conflict between carriers of certain rights and obligations. Therefore, such a thing as coercion is inherent for this branch of law. The application of coercion in the juristic practice is aimed at the protection of subjective rights. Traditionally, the reasons for the application of compulsory measures by legal subjects are considered to be an offense or an objectively illegal action. However, as a result of the research concerned with the secondary rights, which are also called powers of control, the author finds it possible to supplement the aforesaid list of reasons. The ground for the application of coercion may also be a statutory power of unilateral legal action, granted to a person, so he or she could protect oneself against possible unfair actions on the part of the other person. In this case, the passive person is aware of the impossibility to disobey the compulsory measures, since only implementation of the power of control by the authorized person allows the enforced person to accomplish an objective (for example, a spouse is not able to sell an apartment without the consent of the other spouse, inasmuch as without this consent an appropriate public authority will not register the proprietary right of a person buying this apartment).
Coercion, civil law, guilt, secondary right, protection of civil rights, state of coherence, civil violation, reasons for application of duress
Короткий адрес: https://sciup.org/14936071
IDR: 14936071