ESTABLISHMENT BY CONTRACT OF JUDICIAL METHODS OF PROTECTION OF CIVIL RIGHTS AND INTERESTS: THE UKRAINIAN EXPERIENCE
Summary: 1. Introduction. – 2. Scientific Views and the Legislative Dimension. – 3. Law Enforcement Practice of the ECtHR. – 4. Significance of the Contract as a Source of Establishing Methods of Protection. – 5. Models of Establishing Methods of Protection in the Contract. – 6. Concluding Remarks.
Abstract
Background: The issue of choosing an effective method of protection continues to be relevant not only in court but also in contractual practice. This is explained by the fact that in a number of legal systems, contracts act as a source of consolidation of protection methods. As a result, there is a need to define models (options) for the contractual establishment of protection methods and, at the same time, the limits of contractual freedom.
Methods: Logical methods were used during the present research: analysis, synthesis, induction, and deduction. With the help of the system method, types of models of the contractual establishment of protection methods were studied. The historical-legal method made it possible to analyse the provisions of national legislation and approaches to establishing methods of protection from a historical perspective.
Results and Conclusions: The provision in the law of the contract as a source of establishing methods of protection contributes to greater protection of rights holders and allows for timely and adequate responses to complications of legal relations and, as a result, complications of the subjective interests of their participants. The recognition of the freedom of participants in contractual relations in determining the methods of protection and reference to the dispositive basis in the relevant field corresponds to the modern European approach.
About Authors
Maryna Us
Cand. of Science of Law (Equiv. Ph.D.), associate professor, associate professor of the Department of Civil Law of the Yaroslav the Wise National University of Law, Kharkiv, Ukraine
us.marina.vl@gmail.com
https://orcid.org/0000-0003-0550-9757
Author, solely responsible for research and writing. Competing interests: Any competing interests were disclosed. Disclaimer: The author declares that her opinion and views expressed in this manuscript are free of any impact of any organizations.
Translation: The content of this article was translated with the participation of third parties under the author’s supervision. Funding: The author(s) received no financial support for the research, authorship, and/or publication of this article. Funding of this publication was provided by author.
Managing editor – Dr. Serhii Kravtsov. English Editor – Dr. Sarah White.
Copyright: © 2022 Maryna Us. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
References
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How to cite it?
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Us M ‘Establishment by Contract of Judicial Methods of Protection of Civil Rights and Interests: The Ukrainian Experience’ 2022 4(16) Access to Justice in Eastern Europe 201-212. https://doi.org/10.33327/AJEE-18-5.4-n000438
