Елементи деліктної відповідальності у процесі конвергенції правових систем

Abstract

The article analyzes selected issues of implementation of the mechanism for the protection of civil rights and interests in the context of legal convergence. The state and level of their implementation and protection in certain legal systems in the context of globalization are analyzed. The implementation of the protection of civil rights and obligations is carried out by applying methods of protection, in particular, compensation for harm caused by illegal actions. It is established that in the Anglo-American system of law, the role of tort is defined as the adjustment of losses and their final distribution. The main tasks of tort law in this legal system are to assist the injured parties for the harm caused to others, the imposition of responsibility on the persons responsible for the harm, as well as to prevent others from committing malicious actions. The principles of European tort law are analyzed; their scope of action is the protection of economic interests or contractual relations. The introduction of European civil procedural law as a newest of rules of judicial proceedings is analyzed. Keywords : protection of civil rights, legal convergence, liability, tort, tort liability, general tort, tort of negligence