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Some features of civil legal delict as right depriving jural fact
[Деякі Особливості Делікту Як Юридичного Факту]

Author

Listed:
  • Anatoliy Kostruba

    (Vasyl Stefanyk Precarpathian National University)

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.

Suggested Citation

  • Anatoliy Kostruba, 2013. "Some features of civil legal delict as right depriving jural fact [Деякі Особливості Делікту Як Юридичного Факту]," Post-Print hal-02470087, HAL.
    • Handle: RePEc:hal:journl:hal-02470087
    DOI: 10.5281/zenodo.3653475
    Note: View the original document on HAL open archive server: https://hal.science/hal-02470087
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