COURT DECISION AND OTHER COURT RULINGS AS GROUNDS FOR THE ARISING OF THE CIVIL RIGHTS AND DUTIES
- Authors: Lebed K.A.1
-
Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: No 9 (2025)
- Pages: 157-163
- Section: Scientific reports
- URL: https://bakhtiniada.ru/1026-9452/article/view/318303
- DOI: https://doi.org/10.31857/S1026945225090153
- ID: 318303
Cite item
Abstract
The author analyzes the content and effect of judicial decisions (acts) that may underlie the emergence of civil rights and obligations. The position is substantiated, according to which not only the court decision as an act on the merits of the dispute (according to the current norms of civil law), but also other court rulings can act as such grounds. The conclusions drawn by the author are that, firstly, it is necessary to distinguish among the acts of the court such decisions, as a result of which rights and obligations may arise, and as a result of which the persons participating in the case do not acquire rights and obligations. Among the acts that are the grounds for the emergence of rights and obligations, it is possible to distinguish acts whose content has a directly law-forming effect (decisions), and acts whose purpose is to approve agreements already drawn up by the parties in the case. Based on the analysis, it is proposed to amend sub-paragraph 3 of paragraph 1 of Article 8 of the Civil Procedure Code of the Russian Federation, stating it in a new version.
About the authors
K. A. Lebed
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: konst.leb@gmail.com
Moscow
References
- Borisova E. A. Appeal, cassation, supervision of civil cases. M., 2013. P. 97 (in Russ.).
- Vaskovsky E. V. Textbook of Civil Procedure. 2nd ed., reprint. M., 1917. Pp. 159, 160 (in Russ.).
- Vinogradova E. V., Mikhailova E. V. Formation of the legal status of the arbitration court in the jurisdictional system of the Russian Federation // State and Law. 2022. No. 1. Pp. 83, 87 (in Russ.).
- Golubtsov V. G. Judicial decision as a legal fact in Civil Law: doctrinal discourse and the problem of legal formulations // Herald of Perm University. Legal sciences. 2021. Iss. 52. P. 241 (in Russ.).
- Civil Law: textbook / ed. by M. M. Agarkov, D. M. Genkin. M., 1944. Vol. 1. P. 76 (in Russ.).
- Civil Law of the welfare state: collection of articles dedicated to the 90th anniversary of the birth of Professor A. L. Makovsky (1930–2020) / ed. by V. V. Vitryansky, E. A. Sukhanov. M., 2020 (in Russ.).
- Gurvich M. A. The decision of the Soviet court in the claim proceedings. M., 1955. P. 42 (in Russ.).
- Dobrovolsky A. A., Ivanova S. A. The main problems of the claim form of law protection. M., 1979. P. 72 (in Russ.).
- Krasavchikov O. A. Categories of science of Civil Law: selected works: in 2 vols. M., 2005. Vol. 2. P. 189 (in Russ.).
- Lebed K. Settlement agreement as a way to protect civil rights // Russ. Justice. 2019. No. 12. P. 7 (in Russ.).
- Mikhailova E. V., Chucha S. Yu., Letova N. V., Solovyanenko N. I. Judicial and non-judicial protection of civil, family and labor rights in the context of globalization and digitalization of the state and society // State and Law. 2022. No. 9. P. 67 (in Russ.).
- Rozhkova M. A. Legal facts of civil and procedural law: agreements on protection of rights and procedural agreements. M., 2009. No. 1. P. 49 (in Russ.).
- Solovyanenko N. I. The legal role of electronic signatures in electronic commerce // Business Law in the XXI century: continuity and development. M., 2002. Pp. 67–83 (in Russ.).
- Solokhin A. E. Settlement agreement as a result of judicial conciliation procedure // Law. 2023. № 4. P. 81 (in Russ.).
- Khorunzhiy S. N. The court’s decision as a legal fact of procedural law (procedural fact) // Herald of VSU. Ser. “Law”. 2009. P. 128 (in Russ.).
- Shadlovskaya O. D. Writ proceedings as a simplified form of civil proceedings: abstract … PhD in Law. M., 2015. P. 10 (in Russ.).
- Yarkov V. V. Legal facts in the civil process. M., 2012. P. 56 (in Russ.).
Supplementary files
