Ryzhenkov A.Ya. Recognition As a Legal Fact in Civil Law

DOI: https://doi.org/10.15688/lc.jvolsu.2021.4.21

Anatoly Ya. Ryzhenkov, Doctor of Sciences (Jurisprudence), Professor, Department of Civil Law and Procedure, B.B. Gorodovikov Kalmyk State University, A.S. Pushkina St, 11, Bld. 1А, 358000 Elista, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2015-1709

Introduction: the concept of recognition in civil studies is most often identified with one of the methods of protecting civil rights, which is specified among others in Article 12 of the Civil Code of the Russian Federation. At the same time, the protection of civil rights under the norms of Chapter 2 of Part 1of the Civil Code of the Russian Federation does not imply such purely factual actions that would not create legal consequences, which would contradict the very existence of their legislative consolidation. The purpose of the study is to reveal the concept and legal consequences of recognition as a legal fact in civil law. Tasks: to correlate recognition as a method of protection and as a legal fact; to determine the types, conditions, and subjects of recognition; to reveal the mechanism of connection between recognition and its legal consequences. Methods: system, logic, analysis, synthesis, comparison. Results: recognition as a legal fact in civil law can be defined as follows: it is a public-legal decision of a body with authority on the existence of a legally significant circumstance, either that took place in the past, or that arises as a result of this decision. Recognition is not a legal requirement, since it does not in itself oblige the subjects of legal relations to perform or not perform any actions. Conclusions: the mechanism of connection of recognition with its legal consequences is characterized by the fact that it most often acts as an element of a complex set of facts. Recognition is nothing more than the addition of an imperious authority to the already existing conditions for the emergence, modification or termination of legal relations in order to eliminate the uncertainty associated with them.

Key words: recognition, protection, legal fact, legal relationship, court decision.

Citation. Ryzhenkov A.Y. Recognition As a Legal Fact in Civil Law. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 4, pp. 153-159. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.4.21

Download this file (8_Ryzhenkov.pdf) 8_Ryzhenkov.pdf
URL: https://j.jvolsu.com/index.php/en/component/attachments/download/2537