To a question on concept of limitation of actions
On the basis of the critical analysis of legal definition of limitation of actions necessity of its change takinginto account norms of the civil substantive law and civil process is proved.The author subjects to the critical analysis legal definition of concept of limitation of actions which containsin article 195 of the Civil code of the Russian Federation. Position that independent object of judicialprotection along with subjective civil law is the legitimate interest that hasn't been considered by the legislatorat definition of concept of limitation of actions is proved. Besides, under the current legislation the rightto demand protection of the broken subjective civil rights and legitimate interests is given not only to thepersons protecting the rights and legitimate interests, but also the persons protecting on its own behalf another'ssubjective civil rights and legitimate interests. However and this moment hasn't found the reflection inlegal definition of concept of limitation of actions. On the basis of the spent analysis the author offers thespecified edition of article 195 of the Civil code of the Russian Federation.
Keywords
исковая давность, субъективное гражданское право, законный интерес, судебная защита, limitation of actions, subjective civil law, legitimate interest, judicial protectionAuthors
Name | Organization | |
Osokina Galina L. | National Research Tomsk State University | nicson@mail.tomsknet.ru |
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