The legal value of choosing the proper method of protection of violated rights

Автор: Agapova M.N.

Журнал: Форум молодых ученых @forum-nauka

Статья в выпуске: 12-1 (28), 2018 года.

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In the article, the author substantiates the position that the correct choice of the proper method of protection of the violated right and the formulation of requirements when filing a claim in court contribute to the effective protection of the violated rights of the plaintiff. There is no uniformity in judicial practice on the question of whether the plaintiff has the right to apply in defense of his rights a legal method not provided for by civil law. It is noticed that the courts have introduced the practice of protection, which are not directly provided by civil law. The author also discusses the issue of competition between the principles of disposition, equality of parties and the active role of the court.

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Proper way of protection, new ways of protecting civil rights, judicial protection, giving recommendations by the court, principle of disposition, the principle of competition, principle of equality of the parties

Короткий адрес: https://sciup.org/140280675

IDR: 140280675

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