ПОНЯТИЕ ИСТОЧНИКА ПОВЫШЕННОЙ ОПАСНОСТИ В ЦИВИЛИСТИЧЕСКОЙ НАУКЕ ВЬЕТНАМА И РОССИИ: СРАВНИТЕЛЬНО-ПРАВОВОЕ ИССЛЕДОВАНИЕ

Abstract

The article is devoted to the study of the theoretical positions of scientists from Vietnam and Russia on the concept of a source of increased danger. To achieve these goals, the author set the following tasks: to reveal the gaps in legal regulation, to determine the differences in the characteristics of objects as a source of increased danger in the doctrinal studies of scientists from Vietnam and Russia. This study is presented using methods such as the method of analysis, synthesis and comparative law. The results of the study show that the absence of a legal concept of a source of increased danger in the Civil Code of both countries makes it difficult not only to interpret the law, but also to apply it by the courts. In this regard, the source of increased danger is understood from the position of the subject of the material world, which has become a concept recognized by the majority of Vietnamese scientists. In contrast to Vietnam, in the civil science of Russia, two more different concepts of the concept of a source of increased danger were recorded. In one concept, the source of increased danger is considered as human activity, and in the other as the properties of things or forces of nature.