CONCEPT OF REAL DANGER OF INJURY INFLICTION IN FUTURE AS BASIS FOR CIVIL LIABILITY IN FORM OF PROHIBITION AND SUSPENSION OF ACTIVITY UNDER RUSSIAN LAW-REAL DANGER OF INJURY INFLICTION IN FUTURE

被引:0
|
作者
Senotrusova, Evgeniya Mikhailovna [1 ,2 ]
机构
[1] Perm State Univ, Perm, Russia
[2] Univ Prosecutors Off Russian Federat, Irkutsk Law Inst, Irkutsk, Russia
来源
JOURNAL OF LAW AND POLITICAL SCIENCES | 2022年 / 33卷 / 02期
关键词
danger; the danger of injury infliction in the future; real danger; prohibition and suspension of activities; civil liability;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The article is devoted to the problem of disclosure of the content of the category "the danger of injury infliction in the future" as the basis for the application of civil liability in the form of a prohibition and suspension of activities under Russian law. The purpose of the study was to establish the essence of the category "the danger of the injury infliction in future" in the context of Article 1065 of the Civil Code of the Russian Federation and its relationship with the category of danger used in other articles of the Code. It has been concluded that it is necessary to distinguish three types of danger to apply civil legislation based on the analysis of normative legal acts, doctrinal approaches, and judicial acts: simple, increased, and real. Disclosure of the content of the danger of injury infliction in the future and its correlation with generic legal terms ("danger", "real danger") allows establishing the exact content of the provisions of Article 1065 of the Civil Code of the Russian Federation and ensure their uniform application.
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页码:9 / 27
页数:19
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