Civil Obligations Research Articles

Civil and other responsibilities of the patient: issues of systematization and content

The development of new areas of medicine requires the modernization of legal regulation of all its components, including established approaches regarding the legal status of the patient. The result of medical activity is formed in the process of its implementation with the direct participation of both a medical professional and a patient. Considering that, among other factors, the behavior of a citizen himself can become the causes of a deterioration in health, the category of “patient responsibilities” acquires its own value in terms of analyzing the effectiveness of medical care and updating its legal support. To this end, the paper analyzes the main duties of the patient in the context of their legal nature and content, classifies them, identifies the legal and factual basis, and determines the legal consequences of the violation. The authors emphasize the influence of the institute under study on the dynamics of the relationships that develop in the implementation of medical activities and identify the essential differences between the basic duties of the patient and civil obligations. Conclusions are drawn about the need to apply an integrated approach to the reconstruction of the legal status of a patient in the context of the development of personalized medicine.

LEGITIMACY OF THE COERCIVE MEASURE OF CIVIL DETENTION IN THE EXECUTION OF SENTENCES WITHIN THE FRAMEWORK OF CIVIL PROCEEDINGS

Article 53 of the Code of Civil Procedure regulates coercive measures, specifically, numeral 2 of said article empowers the judge to order the detention for 24 hours of anyone who resists his order without justification. This regulation generates controversy as it is considered unconstitutional because it would violate article 2 numeral 24 literal c) of the Political Constitution of the State, in the understanding that there is no imprisonment for debt, even the terminology of detention would correspond to be used in criminal matters. Furthermore, it is questioned whether the civil judge can order detention. In this context, this article analyzes the positions against and in favor of civil detention, concluding that several Latin American countries maintain its application specifically for certain cases, whether in civil or criminal normative bodies, as a sanction for non-compliance with a civil obligation, therefore it is necessary to regulate in the Code of Civil Procedure as an express power of the judge, the civil arrest, to enforce its decisions. Emphasizing that the appropriate terminology is that of arrest for up to 24 hours, which can be dictated by the civil judge.

Novation and indemnity as ways to terminate an obligation

In modern contractual practice, novation and the transfer of the indemnity are quite relevant ways of terminating the obligation, which makes it necessary to deepen the characteristics of the distinguishing features and the principles of distinguishing the mentioned mechanisms for terminating the civil obligation. It is substantiated that one of the main and primary differences between novation and indemnity, which should be paid attention to when characterizing the legal relationship between the parties, is the purpose. In particular, it is emphasized that during novation, the parties must intend to replace the existing one with a new obligation that did not previously exist between the parties and that arises on the basis of the concluded novation agreement (that is, in this case, it is not about changing the conditions or a separate condition for the performance of the original obligation). Novation is primarily characterized by the fact that the conclusion of an agreement on a new obligation generally does not terminate the legal relationship of the parties, since instead of the initial obligation, the validity of which is terminated, a new obligation agreed upon by them arises, and therefore, a legal relationship between the creditor and the debtor continues At the same time, the transfer of the object of indemnity agreed upon by the parties instead of the fulfillment of the original obligation is aimed primarily at the liquidation of legal ties between the parties. With the transfer of the assignable object, that is, with the execution of the assignable agreement, the initial obligation is terminated and the legal relationship between the parties is also definitively terminated, without further development or change in accordance with other grounds or conditions. It is this aspect that is key in the characterization of the differences between indemnity and novation in combination with other grounds for distinguishing the mentioned legal institutions, because the purpose and functions of novation and indemnity in the regulation of civil legal relations are completely different, which determines the choice by the parties of one or another way of terminating the obligation depending on the goal they expect to achieve. Some approaches in the doctrine regarding the differences between novation and indemnity have been clarified and supplemented, in particular with regard to the moment of termination of the original obligation, the peculiarities of the composition of the terminating fact.

The Digital Ruble Legal Regulation

The paper analyzes main approaches to the legal regulation of the digital ruble. The authors examine in detail the history and reasons for the introduction of digital currencies of central banks, the features of digital currencies of central banks, the features of the digital ruble as an object of civil law regulation. The paper concludes that the full-scale use of the digital ruble will depend not only on the formal indication of the digital ruble as a legally recognized method of fulfilling a civil obligation, but also on the recognition and provision of an actual possibility of using the digital ruble as a means of fulfilling public legal obligations, primarily obligations arising from tax relations. Such recognition will require amendments to the budget and tax legislation, as well as changes in the operation mode of the Federal Treasury of the Russian Federation. The question of how disputes and disagreements between the participants of relations arising in connection with the introduction of the digital ruble will be resolved requires careful consideration.

A Settlement Agreement in Civil Process as Ensuring of the Principle of Dispositiveness

The article is devoted to the analysis of the settlement agreement as a guarantee of the principle of dispositiveness in the civil process. However, substantive law is the basis for any procedural legal relations. Thus, the civil procedural principle of dispositiveness is an analogue of the principle of freedom in civil law. The principle of dispositiveness in the civil procedural sense means the possibility for the parties of the case to dispose their rights regarding the subject of the dispute at their own discretion. Dispositivity in the civil law sense is the freedom to perform procedural actions freely, without coercion. Dispositiveness in civil proceedings means that the parties to civil proceeding have the right to waive their claims against each other at any stage of the trial by waiving or admitting the claim, or by entering into a settlement agreement. The conclusion of a settlement agreement by the parties at any stage of the court proceedings is an ensuring of the principle of dispositiveness - the freedom to freely dispose of one’s procedural and material rights.
 Researched that settlement agreement is a reconciliation mechanism and the result of an agreement between the parties. The purpose of concluding a settlement agreement is to settle the dispute on the basis of mutual concessions and should concern only the rights and obligations of the parties. Also, the parties can go beyond the scope of the dispute, provided that the settlement agreement does not violate the rights or legally protected interests of third parties. The settlement agreement is a mixed contract, as it is regulated simultaneously by two branches of law - civil and civil procedural. In this regard, the norms relating to bilateral deed, civil obligation and civil agreement may be applied to the settlement agreement. The common features between these concepts in relation to the settlement agreement are that the settlement agreement is a bilateral agreement with a specific subject, parties, rights and obligations, and form. The settlement agreement is also considered concluded from the moment the parties have reached all essential conditions, which characterizes it as a consensual civil law agreement. The essential conditions of a settlement agreement as a civil law agreement are the condition about the subject and terms. All of the above means that due to its legal nature, the settlement agreement has both procedural and substantive legal features.

Contractual obligations in Civil Law of Ukraine: Executive points

The article explores the theoretical aspects of terminating civil obligations, emphasizing the unique role of contracts as legal facts. It asserts that contracts, established by parties in a legal transaction, serve as independent foundations for initiating, modifying, or terminating legal relations. The terms of civil contracts create distinct mechanisms for rightful termination, aligning with legal models for the occurrence of right-terminating legal facts. The author highlights the dependency of contractual obligations on the lawful intent of the involvedparty or objective circumstances, prescribed by the legal model in the contract. When thesemodels align with actual events, they lead to the realization of parties' expectations and thetermination of obligations. These legal facts contribute to the regulatory function of the law,ensuring the fair exercise of rights and interests as defined in the contract. The article provides a detailed list of such legal structures and conducts a legal analysis of their implications

The legal relation. A special look at the employment relationship

A legal relationship represents the link that is established between two or more people within which they establish their rights and obligations by means of legal norms. This relationship may or may not be contractual in nature, and may involve various areas of law, including civil obligations, individual/collective contract, etc. A legal report consists of three elements: the subjects involved in the report, the rights and obligations of the parties that form the content of the report as well as its object.
 The employment relationship represents an important type of legal relationship established between employers and employees. It regulates the conditions under which employees work for the employer, establishing the rights and obligations of both parties. The employment relationship represents an important type of legal relationship established between employers and employees. It regulates the conditions under which employees work for the employer, establishing the rights and obligations of both parties.

PRIVIDNI UGOVORI IZMEĐU NIŠTETNOSTI I NEPOSTOJANJA

In this paper, the authors discuss apparent contracts as regulated by Article 285 paragraph 1 of the Croatian Civil Obligations Act as a cause of either the nullity or the inexistence of the contract. In several recent decisions of the Supreme Court of the Republic of Croatia, one can notice the standpoint that apparent contracts are not null contracts, but inexistent contracts. The aforementioned standpoint resulted in the rejection of many claims for the determination of nullity of apparent contracts. Therefore, in the first part of the paper, the authors analyze the subject case-law, as well as apparent contracts in Croatian and comparative law. At the same time, inexistent contracts have been the subject of discussion exclusively from the point of view of legal theory. The second part of the paper is consequently focused on the analysis of inexistent contracts, their practical value and their comparison to null contracts. The authors also give specific attention to the difference between the moment of entering into a contract and the creation of the contract’s legal effects, as well as the need for the differentiation between legal consequences of contracts that are not formed, contracts that are not entered into, contracts that do not produce legal effects and contracts that are explicitly null. In the conclusion, the authors discuss the practical necessity of distinguishing null and inexistent contracts and propose de lege ferenda suggestions for normative improvement of the Civil Obligations Act in the part that pertains to contracts with no legal effect.

Seizure of the property as a measure to ensure the fulfillment of civil law obligations

The subject of this article is the consideration of the seizure of property as a measure applied by the authorized body to ensure the fulfillment of the debtor's civil obligations. The purpose of the research is to study the legal institution of property seizure as a measure to ensure the fulfillment of the debtor's obligations, to identify legal problems in the law enforcement of this instrument, and to propose ways to resolve them. To achieve this goal, the author analyzes the normative legal acts of the Russian Federation regulating the procedure for the application of seizure, explores the legal essence of seizure in civil law relations, identifies the signs of arrest and the differences between arrest and the prohibition of registration actions, considers the legal problems arising from its application. In the research, the author uses such methods as analysis, synthesis, deduction and comparison. The relevance of the article lies in the fact that the use of arrest as a measure to ensure the fulfillment of the debtor's obligations entails restrictions in the exercise of property rights. The unjustified application of property seizure that does not belong to the debtor, creates legal difficulties for a bona fide acquirer in the exercise of property rights, which entails an appeal to the court for the protection of the violated right. Despite the widespread use of seizure as a measure aimed at ensuring the fulfillment of the debtor's obligations, there is no legal concept of this type of security in the legislation of the Russian Federation. The consequence of this circumstance is the application under the guise of seizure of other measures related to the limitation of the of property rights, entailing the incorrect application of the norms of substantive and procedural law. Based on the results of the study, the author forms the doctrinal concept of seizure as a measure to ensure the fulfillment of obligations and makes proposals to protect the rights of bona fide property owners.

‘Our sacred and civil obligations as Christians and as Citizens’: religion, charity and governance in early nineteenth-century Dublin and Edinburgh

AbstractRecent historiography gives an increasingly nuanced picture of interactions between religion and wider society in nineteenth-century Ireland. Yet, when considering the relationships between religion and philanthropy, something central to everyday life in urban centres, emphasis is still placed on the role of the institutional Catholic Church, and there is a sense that lay Catholics were less involved in charity than their Protestant counterparts. Connected with this is the idea that Protestant charities used open forms of governance, but Catholic charities were secretive, an assertion that parallels claims about tensions between Catholicism and democracy. This historiography, however, also suggests that the situation in the early nineteenth century may have been different from later in the century. This article compares small-scale Catholic and Protestant parochial charities in early nineteenth-century Dublin, while also considering similar institutions associated with Presbyterian congregations in Edinburgh. It indicates that some Catholic parochial charities were at least as committed to open procedures and lay participation as their Anglican and Presbyterian counterparts. By exploring these charities and making comparisons, the article shows that some of Dublin's middle-class Catholics were dedicated to the same ideals as early nineteenth-century British reformers.

Fulfillment of the terms of the contract as a result of force majeure during martial law

Under the conditions of martial law, the existing contractual activity in Ukraine was actually divided into: contracts concluded before the beginning of martial law and after its introduction.
 The peculiarity of the application of force majeure for domestic business entities during martial law is the occurrence of its circumstances mainly for both parties.
 Each type of contract concluded between the parties, as a rule, contains provisions on the actions of the parties that must be taken under force majeure circumstances and the consequences that will follow for the parties regarding the fulfillment of contractual obligations with the use of force majeure.
 The military aggression of the Russian Federation against Ukraine has affected almost all spheres of human life in Ukraine, including the possibility of fulfilling civil obligations. It is assumed that for these reasons, a large number of civil law agreements concluded in Ukraine will not be properly implemented, the conditions will be changed, and in other cases, in general, the termination of the agreement. In this regard,there is a need to investigate the consequences of non-compliance with civil law obligations due to martial law in Ukraine.
 If the parties have not agreed to bring the agreement in line with the current circumstances of martial law, which have changed significantly, the agreement may be terminated on the grounds established by the Central Committee of Ukraine, amended by a court decision at the request of the interested party. the moment of concluding the contract the parties assumed that such a change of circumstances will not occur; the change of circumstances is due to reasons that the interested party could not eliminate after their occurrence with all the care and diligence required of it.
 Legal regulation of the legal consequences of significant changes in the circumstances that exist when concluding a contract is usually based on one of two key principles of contract law: the principle according to which contracts must be performed (pactasuntservanda), or clause (clausularebussicstantibus). The legislation of foreign countries contains norms according to which «a change of circumstances may justify a change in the contract, when the preservation of the contract in its original form leads to extraordinary results, incompatible with justice».
 The main consequences of a significant change in the circumstances that guided the parties in concluding the contract are: - actually change the contract, ie change the terms of the contract (and as a consequence - the obligations between the parties) while maintaining the contract in force; – and termination of the contract by agreement of the parties

Methods of enforcing obligations and the astrent institute in civil law of Russia

The formation and development of human society, the deepening, expansion and complication of economic, economic and interpersonal relations between interacting subjects, as well as a high degree of integration and convergence of modern political, economic and legal systems of various states inevitably entail the formulation of significant scientific problems and challenges for researchers in a wide variety of fields. In this sense, the doctrine and practical implementation of the branch of civil law are no exception: the rapidly changing conditions of economic activity and trade and economic turnover naturally force the legislator and the scientific community to search for new, more modern and relevant instruments of legal regulation of a wide range of civil legal relations between subjects that in essence, they form the economic turnover within a particular society and state. This trend, with varying degrees of intensity, affects all sub-sectors and institutions of civil law, including ways to ensure civil law obligations: undoubtedly, today there are many ways for development. Ensuring the proper performance of civil obligations by the subjects of civil law is one of the most important and, as a result, controversial, problematic issues both in domestic and foreign civil law doctrine and in extensive law enforcement practice. In this regard, of central importance is the scientific consideration and study of specific ways to ensure the fulfillment of obligations, many of which are gradually being legally enshrined in the legislation of the Russian Federation. At the same time, due to the lack of real practical experience, as well as the insufficiency of doctrinal sources, the essence of many of them, as well as the relevance and necessity of their application, causes serious disagreement among the scientific and professional legal community. One of these institutions at this stage is the institute of astrent. The article is devoted to the consideration of some problematic aspects of determining the theoretical essence of astrent, which may affect subsequent clarifications or changes in the text of the relevant regulatory legal acts of the Russian Federation. The aim of the work is an attempt to determine the theoretical essence of the institute of astrent in connection with the dual nature of its most significant legal features.

Due care under the Civil Obligations Act

A provision requiring parties to obligations to act with due care is one of the basic provisions of the Obligations Act, and therefore applies to all obligations. This provision states types of due care, care of bonus pater familias, care of bonus businessman and care of bonus professional, but does not define either the way how to determine whether certain person acted with required care nor legal consequences of acting without it. The paper firstly analyzes and presents the application of this provision ratione materiae, ratione tempore and ratione personae. Then, in detail and concretely, from the literature and jurisprudence standpoint, it presents individual types of due care, i.e. requirements that an individual type of care puts before parties to obligations, as well as examples of when these requirements were not met. Furthermore, the way how to determine whether certain person acted with a required care is discussed and consequences of acting without due care. The connection between provisions is distinguished, which ties legal consequences with a request or a possibility of knowledge of certain facts and provisions that require acting with certain care. The request for certain knowledge or a possibility to have certain knowledge originate from the later provision, and consequently legal consequences for persons who had to know or could know certain facts.

Nematerijalna šteta kao izraz zaštite društvenih vrednosti

The paper examines the development of non-pecuniary damage and the accepted concepts of non-pecuniary damage, in light of protection of social values. While the protection of material goods entails the obligation to compensate the injured party for material (pecuniary) damage, the protection of immaterial (intangible) goods has always given rise to opposed views. In the earlier stages of the development of law, the principle of talion (lex talionis) provided for observance of one's physical integrity; however, its application did not ensure the compensation of the injured party (except for the feeling of satisfaction embodied in revenge) but the punishment of the tortfeasor. On the other hand, the psychological (emotional) harm inflicted on a human being was not a protected legal interest due to the common belief that non-pecuniary damages could not compensate for this injury. The development of legal thought provided a firm foothold for the protection of intangible interests. The next step involved determining the scope of the concept of non-pecuniary damage. In the collision of subjective and objective conceptions on non-pecuniary damage, legislators opted for one of the approaches, or a mixed concept. Ultimately, the acceptance of a specific conceptual framework sets the course in the protection of social values that the legal system seeks to uphold by instituting non-pecuniary damage. The Serbian Civil Obligations Act defines non-pecuniary damage as inflicted physical pain, psychological pain or fear (subjective conception), arising from quantifiable injuries to one's intangible interests (harm caused to one's body, honor or reputation, loss of a loved one, etc.) (Articles 155 and 200). Article 199 of this Act also recognizes harm to personality rights (objective conception). The observed shortcomings inspired the Croatian and Montenegrin legislators to amend their civil obligations acts by introducing personality rights in the conceptual framework of non-pecuniary damage, which is in compliance with the Principles of European Tort Law (PETL). Although both the subjective and the objective conception essentially seek to embrace the same intangible interests, different approaches consequently lead to different scopes of protection. The Draft Civil Code of the Republic of Serbia contains a proposal for instituting a mixed concept, whereby non-pecuniary damage is defined as an infliction of physical harm or psychological pain, and a violation of personality rights. The principle of legal certainty calls for a cautious approach in proposing and implementing changes in domestic tort law.

Legal regulation of inheritance relations under martial law

The article is devoted to the problems of legal regulation of inheritance relations under martial law. It has been analyzed the scientific works whose authors studied the peculiarities of legal regulation of inheritance relations under martial law. It is indicated that legal regulation of inheritance relations under martial law requires consideration of the following issues: 1) temporary restriction of constitutional rights and freedoms of human beings and citizens and rights and legitimate interests of legal entities due to the threat of restriction, with indication of the duration of such restrictions; 2) assistance in the exercise of civil rights and fulfillment of civil obligations by participants to such relations.
 It has been examined the restrictions on the rights and freedoms of participants to inheritance relations precisely because of their temporal component in the following areas: determining the place of time values in the relevant mechanism of legal regulation using the example of the period of inheritance acceptance; establishing the hierarchy of regulations which introduce such restrictions; and novelizing the relevant regulatory provisions.
 It has been suggested that the legal regulation of inheritance relations in this part should be harmonized between the Civil Code of Ukraine and the Resolution of the Cabinet of Ministers of Ukraine “On some Issues of Notaries under Martial Law” No. 164 dated February 28, 2022. It has been pointed out that it is appropriate to use the concept of “additional” term in the above-mentioned regulatory act as opposed to “extended” or “renewed” term.
 With a view to improving the organizational and legal support of the procedure for certifying the wills of servicemen, it is proposed to: develop a departmental regulatory document containing detailed instructions for the actions of military unit commanders regarding the procedure for certifying the wills of servicemen and other persons; prepare methodological recommendations containing methodological instructions to military unit commanders on their behaviour within the framework of the above procedure; as part of the training and retraining of the command staff of the Armed Forces of Ukraine, other military formations and military lawyers, to include in the relevant educational curricula a block of training issues on the procedure for certifying wills by this category of officials.

Договор на эксплуатацию путей необщего пользования в системе договорных обязательств Беларуси и России

Introduction. In the Republic of Belarus and in the Russian Federation, the railway holds a key place in the freight transportation system. Therefore, special attention is paid to the issue of the formation of appropriate infrastructure, including the construction and operation of auxiliary facilities, in particular, non-public tracks, which requires the development and improvement of appropriate legal forms. One of these forms is the agreement for the operation of a non-public track, which is introduced by acts of special legislation, primarily by the Charter of Public Railway Transport in Belarus and in Chapter 4 of the Charter of Railway Transport of Russia dated January 10, 2003, No. 18-FZ. In legal science, the legal essence of this agreement is debatable. The specified agreement is classified both as an organizational one, and as a services agreement, and as a special transport agreement (an independent agreement-based type), and as a mixed property agreement. Meanwhile, in the transport legislation, the specified agreement is settled as concisely as possible, which can potentially lead to collisions and disputes between the participants in the transportation relationship. Therefore, the purpose of the proposed study is an attempt by means of comparative legal analysis to identify not only the content of obligations arising on the basis of an agreement for the operation of a non-public track, but also to assess the prospects and ways of developing the legal regulation of this sphere in Belarus and Russia. Methods: the methodological framework for the study is a set of general scientific and special methods of scientific cognition, in particular, comparative law, the method of systemic and structural analysis, etc. Results: based on the study and comparison of Belarusian and Russian legislation, as well as the provisions of the civil doctrine, the legal nature of the agreement for the operation of nonpublic tracks is clarified. The author’s position regarding the place of the said agreement in the system of civil agreements is substantiated; the issues of improving the statutory regulation of relations arising out of the operation of the named object are raised. Conclusions: as a result of the study, the conclusion on the complex nature of the legal regulation of the transport sphere is substantiated, which is directly manifested in the specifics of the contractual structure under consideration, and the term “agreement for the operation of non-public tracks” itself is a collective symbol that is designed to fix the features of various civil obligations in relation to the transportation process involving the use of tracks not belonging to the owner of the infrastructure. It is established that, taking into account the specific factual circumstances between the participants of the transportation process, one way or another, involving the use of non-public tracks, the relations are formed by their legal nature corresponding to the relations of irregular lease, paid services, usufruct (easement), as well as relations of a mixed nature, mediated by mixed agreements containing the elements of all the listed agreement-based types.

Features of application of methods of protection of family rights and interests by guardianship and care bodies: the question of content

In the scientific article, the author conducted a scientific study of the peculiarities of the application of methods of protection of family rights and interests by the guardianship and guardianship authorities, and determined an exhaustive list of the methods of protection used by these authorities. On the basis of the conducted research, the author came to the conclusion that there are two forms of protection of family rights and interests of parents and children by guardianship authorities: direct participation in the protection of family rights and interests, when the guardianship authority independently applies appropriate methods of protection, and indirect, when the authority guardianship and guardianship is involved in the resolution of a family dispute regarding the upbringing and maintenance of a child, but does not apply appropriate protection methods on its own. The guardianship body applies the following methods of protecting family rights and interests: establishing a family legal relationship, changing it, granting the right to exercise separate rights and duties as parents or legal representatives of a child, preventing actions that violate family rights. The last two methods are special and belong only to guardianship and guardianship bodies. Granting the right to exercise separate rights and obligations as parents or legal representatives of the child as a method of protection is applied by the guardianship authority by granting permission to commit acts regarding the child's immovable property, other acts regarding the property, the owner (co-owner) and/or user of which the child is , to conclude an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of immovable property or on the alienation of property received under this agreement, granting legal capacity to perform other powers to perform acts regarding the child's property or his civil obligations or alimony obligations of parents. Prevention of actions that violate family rights as a means of protection is carried out by conducting control and supervision measures on the targeted spending of alimony on a child, on the conditions of maintenance, upbringing, education of a child under guardianship or guardianship, on compliance with the rights of an adopted child, etc.

Medical decision-making and children

Pediatric medical decision making has been a matter of discussion for the last few decades. Generally, the currently prevailing viewpoints are that the children’s wishes should be heard and that children should be allowed to participate in medical decision-making according to their development. Those discussions do not only touch on ethical, legal and political matters, but are also based on empirical research. There are no simple answers to those large issues, especially the age limit at which children can be considered capable of giving informed consent. In that context, a balance needs to be struck between the protection of children’s interests and the respect for their “developing autonomy”. The first part of this article outlines the principle of autonomy that informed consent is based on, whereas the second part focuses on two concepts: that of parental permission and of assent of the child, both of which are well-known in the contemporary medico-legal realm. The term “assent” is commonly used in cases when individuals are not legally allowed to give informed consent but are capable of taking part in the process of medical decision-making. In the third part of the paper, three Croatian legal acts were analyzed in a context of the informed consent of the child: the Protection of Patient’s Rights Act, the Family Act and the Civil Obligations Act. The fact that several legal regulations, in particular the Protection of Patient’s Rights Act, the Family Act and the Civil Obligations Act, must be used in parallel when it comes to the issue of informed consent of a child, can be, legally speaking, quite confusing. Thus, such regulation may leave some doubts and difficulties in the immediate application, especially with regard to emergency medical interventions. In this regard, perhaps the fact of adopting a special law on the consent of children to medical procedures could be considered, or at least the provision within the Family Act or the Protection of Patient’s Rights Act, which uniformly summarizes all the above regulations.

Digital Rights in Civil Circulation

The article deals with topical issues of protecting civil rights and implementing the pro­tective function of civil law in digital relations. The fair exercise of digital rights is a key require­ment. When establishing, exercising and protecting civil rights and fulfilling civil obligations, par­ticipants in civil legal relations must act in good faith. According to this principle, you cannot take advantage of your dishonest behavior. The current Civil Code proclaims the presumption of good faith of participants in civil legal relations and the reasonableness of their actions. Unlike con­scientiousness, reasonableness implies rationality, logic and expediency of his behavior. The va­lidity is estimated and is established by the court taking into account the actual circumstances. The purpose of a digital right is that the opportunities that make it up should be used to satisfy the economic interests of the owner of such a right, and not for other purposes. Non-violent imple­mentation of digital rights implies the absence of the goal of causing harm (losses). In case of violation of these requirements, restrictions on the exercise of digital rights, digital rights will be abused, resulting in a denial of protection of the right (full or partial). Ways to protect digital rights can be divided into two groups – general and special. The general methods provided for in Art. 12 of the Civil Code of the Russian Federation are the recognition of digital law, the restoration of the situation that existed before the violation of digital law, the suppression of actions that violate digital law or threaten to violate it, the recognition of transactions as invalid and the application of the consequences of their invalidity (restitution), self-defense of digital rights, etc. The article proposes to supplement the law with special compensation for violation of digital rights, by anal­ogy with the sanction for violation of exclusive rights, provided for by part four of the Civil Code of the Russian Federation. The analyzed sanction should be applied in the amount of one hundred thousand to one hundred million rubles. Such a significant amount of sanctions proposed in the law is due to the special value of digital assets in the modern wor ld.

Revision of Approaches to the Institute of Civil Liability in the Process of Recoding the Civil Code of Ukraine

Although the issue of civil liability is not new to civil doctrine, it is still relevant. In the research of Ukrainian scientists there are two approaches to understanding the concept of civil liability – positive-perspective and negative-retrospective. However, recently the issue of extension to contractual relations, risk-related relations, the category of “civil liability” has been actively discussed. There are opinions that in cases of breach of contractual obligations or damage as a result of risky activities, it is difficult to justify and apply measures of civil liability. Moreover, in foreign doctrine, breach of contract is not traditionally considered an offense. Therefore, the purpose of this article is development of approaches to the institute of civil liability and outlining the directions of updating civil legislation considering current European trends. The work based on economic analysis of law using dialectical, comparative, logical-dogmatic and other methods analyzes approaches to understanding the concept of civil liability and distinguishes between measures of civil liability and measures to protect civil rights. In particular, it is concluded that the use of the category of “civil liability” to cases of offense, i.e. unlawful infliction of harm, is justified. It seems appropriate to introduce into civil law, along with the category of “legal consequences of default” a broader legal category “legal consequences of non-performance (violation) of civil duty”, as civil obligations may arise from both obligations and other legal facts. This will allow expanding the possibilities of protection of rights and legitimate interests and effectively restore the violated right, as the restorative function is inherent in the measures to protect subjective civil rights