Restoration of the provision that existed before the right infringement and suppression of actions infringing the right ? as purposes and ways of the civil rights protec?tion
Journal: LEGAL SCIENCE AND LAW ENFORCEMENT PRACTICE (Vol.3, No. 25)Publication Date: 2013-09-25
Authors : Kuznetsova O.A.;
Page : 36-41
Keywords : restoration of the provision that existed before the right infringement; sup?pression of actions infringing the right; protection of civil rights; ways of the civil rights protec?tion; purposes of the civil rights protection; object of tort;
Abstract
The references of the courts to the restoration of the provision that existed before the right infringement and suppression of actions infringing the right have for a long time been a com?mon issue when solving the disputes on the civil rights infringement. The researchers of the is?sues concerning protection of civil rights state that all ways of rights protection are a part of this universal method and take root in it. However, the civil law theory still has the unsolved issues such as what is the meaning of this universal method of protection, if this method is a single one, what is the legal and technical sense of fixing this common method of protection with some individual ways resulting from it in one Article of the Civil Code of the Russian Federa?tion. The author of the article considers the restoration of the provision that existed before the right infringement and suppression of actions infringing the right in two aspects: as a purpose and as a way of the civil rights protection, which allows to define the meaning and content of each of them.
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