10.5281/ZENODO.3653475
Anatoliy Kostruba
0000-0001-9542-0929
Vasyl Stefanyk Precarpathian National University , Ukraine
Some features of civil legal delict as right depriving jural fact
Zenodo
2013
civi law
protection of civil rights
legal fact
juridical facts
delict
tort law
procedure law
2013-03-15
uk
Journal article
https://zenodo.org/record/3653475
10.5281/zenodo.3653474
Creative Commons Attribution 4.0 International
Open Access
<p>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.</p>