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Demin A.A. On the Legal Mechanisms in Civil Law

DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.15

Alexey A. Demin, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law and Procedure, Lobachevsky State University of Nizhny Novgorod, Prosp. Gagarina, 23, 603950 Nizhny Novgorod, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-2450-8776


Introduction: by virtue of Article 8 of the Civil Code of the Russian Federation, civil rights and obligations arise from various grounds. Such grounds are, inter alia, both actions provided for by law, and actions of citizens and legal entities, although not provided for by law, but by virtue of the general principles and the meaning of civil law give rise to civil rights and obligations. At the same time, the legal literature notes that civil rights and obligations have their own legal mechanism of emergence and termination. At the same time, the analysis of the judicial practice shows that in the law enforcement there are difficulties not only with the emergence or implementation of civil rights, but also their termination. In this regard, the author aims to analyze the rules related to the regulation of the termination procedure of civil rights and obligations. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which the main are the comparative law method, the methods of systematization and analysis. Results: the conclusions made in the research are based on the current civil legislation and existing judicial practice. In addition, the works of the competent scientists on the legal regulation of the emergence and implementation of civil rights and obligations are analyzed. Conclusions: the study concluded that the rules of civil law often do not contain a fixed legal mechanism for the termination of civil rights and obligations. Its absence in the current legislation causes difficulties associated with the achievement of the participants of civil law relations of their goals in the commission of civil actions, as well as difficulties in the law enforcement in resolving civil disputes.

Key words: civil actions, mechanism of legal regulation, legal mechanism, actions of citizens and legal entities, grounds for the emergence of civil rights and obligations.

Citation. Demin A.A. On the Legal Mechanisms in Civil Law. Legal Concept, 2019, vol. 18, no. 1, pp. 112-117. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.15

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