Some features of civil legal delict as right depriving jural fact

ДЕЯКІ ОСОБЛИВОСТІ ДЕЛІКТУ ЯК ЮРИДИЧНОГО ФАКТУ

Anatoliy Kostruba ()

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Abstract: The article is devoted to the description of civil legal delict as a violation of the law and right-depriving jural fact. Analyzing the modern approaches to understanding the nature of legal civil delict, deal as right depriving jural fact and the means of its determination in civil relations author ascertains the existence of competition between presumption of deal's relevancy and presumption of fault availability in law violation and as a result offers the ways of settlement of this question by the court. The author makes a conclusion that the most effective mean of protection the rights and legal interests that can be used by the invalid deal's parts is the recognition such a deal as delict and as a result to apply to it the consequences of legal breach in civil relations.

Keywords: civil law; legal fact; tort law; delict; procedure law (search for similar items in EconPapers)
Date: 2013-03-15
Note: View the original document on HAL open archive server: https://hal.science/hal-02470087
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Published in Держава і право, 2013, 59, pp.226-231. ⟨10.5281/zenodo.3653475⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02470087

DOI: 10.5281/zenodo.3653475

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