Features of a Weaker Party in a Civil Law Relationship in Modern Economic and Legal Conditions

Abstract

The paper is devoted to the issues of establishing signs of a weaker party in a civil legal relationship. The purpose of the study is to propose a scientifically grounded system of signs of a weaker party, taking into account modern economic and legal conditions. The author subjects to scrutiny the norms of Russian and foreign legislation, judicial practice of Russia and case law other countries. The basis of the study was the comparative legal method. At the same time, other methods were used (formal-logical, the method of building systems, etc.). The author critically analyzes the traditional notion of the category of a «weaker party» (consumer, citizen with certain characteristics, etc.). Next, the author examines the current trends in theory and judicial practice in determining the signs of a weaker party. At the end of the work, it is indicated that the definition of a weaker party is possible in two ways: direct and indirect. At the same time, the author proposes a scientifically based system of signs of a weaker party in a civil legal relationship. This system can be used in legislative activity in order to choose the most effective approach to determining the weaker party in the norms of law, as well as in judicial practice to justify the need to protect such a subject.