Bondar N. Preventive defence of civil rights.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006676

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

16-11-2015

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis concentrates on the complex research of the preventive protection of civil rights. As the result of the analysis of existing theories of the essential right to defense it has been proven that the right to defense is an independent individual subjective right. The historical background of the right in the advanced democracies has been researched, with the result of this research being the conclusion about the possibility of exercising of the right to preventive defense in jurisdictional and non-jurisdictional form. The research work analyzes the essence of the preventive defense right in its objective and subjective meanings and the concept and the qualification profile of the threat as the origin of preventive defense right. The interrelation of methods and forms of realization of the preventive defense was used as the criterion of categorization of the grounds of originating this right. One of the focuses of the research of the preventive defense right was the defense of some specific types of subjective civil rights and interests, forms, methods and limits of their realization. The issue of unfettered enforceability of the realization of the preventive defense right has been studied separately.

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