Contract law. Protection of the rights of participants in contractual relations (most important)

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Contract law. Protection of the rights of participants in contractual relations (most important)

Lecture notes, cheat sheets

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22. PROTECTION OF THE RIGHTS OF PARTICIPANTS OF CONTRACTUAL RELATIONS

In accordance with the Constitution, everyone is guaranteed judicial protection of his rights and freedoms (paragraph 1 of article 46), no one can be deprived of the right to have his case heard in that court and by the judge to whose jurisdiction it is assigned by law (paragraph 1 of article 47).

The need for unhindered exercise of civil rights, ensuring the restoration of violated rights, their judicial protection is elevated by the Civil Code of the Russian Federation (clause 1, article 1) to the rank of principles on which civil legislation is based.

Any subjective civil right is subject to protection, and the bearer of this right has the corresponding right to protect it using the means provided for by law. This power is one of the elements of subjective civil law, which manifests itself only in situations where someone challenges, encroaches or violates this subjective civil right.

Ways to protect civil rights - the means provided by the legislation with the help of which the suppression, prevention, elimination of violations of the right, its restoration and (or) compensation for losses caused by the violation of the right can be achieved.

Types of ways to protect civil rights:

1) methods of protection, the use of which allows you to confirm protected right or terminate (change) the obligation. This result leads to the application of the following methods of protection: recognition of the right; award to performance of duty in kind; non-application by the court of an act of a state body or local self-government body that contradicts the law; termination or change of legal relationship;

2) methods of protection, the use of which allows to prevent or stop the violation of the right. These include: suppression of actions that violate the right or threaten to violate it; invalidation of an act of a state body or local self-government body; self-defense rights; recovery of a penalty. The purpose of applying these methods of protection is to force or induce the offender to stop actions that violate the subjective civil right, or to prevent such actions;

3) ways of protecting civil rights, the application of which aims to restore the violated right and (or) compensate for the losses incurred in connection with the violation of the right. Such a result can be achieved by: restoring the situation that existed before the violation of the right; recognition of a voidable transaction as invalid and application of the consequences of its invalidity, application of the consequences of the invalidity of a void transaction; indemnification; compensation for moral damage.

Author: Rezepova V.E.

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