LEGAL NATURE OF THE RIGHT TO PROTECTION OF SUBJECTIVE CIVIL RIGHTS IN CONTRACTUAL OBLIGATIONS

Abstract

The article is devoted to the analysis of the legal nature, concepts and features of the right to protection of subjective civil rights in contractual obligations. The author’s position on the discussion of whether the right to protection is an independent subjective right or its constituent element is expressed. The question of the essence of the right to protection as a civil law category is considered. It is proposed in defining the concept of protection as a civil legal category to focus on its material component, because, firstly, the right to protection arises due to violation of substantive subjective law, and secondly, the content of protection can be disclosed through a systematic set of specific purposeful admissible actions, receptions, measures of the authorized subject on counteraction to illegal encroachment on the subjective right for the purpose of its restoration and elimination of negative consequences of such encroachment. In this case, the direct implementation of these actions, techniques and measures in the manner prescribed by law disclose the procedural side of protection, which should be called the implementation of protection, and it is appropriate to use the term "activity" as a process of lawful counteraction to violation of subjective rights. In order to develop an author’s understanding of the concept of protection of subjective civil rights in contractual obligations, it is proposed to define the main features of the right to protection in contractual obligations: 1) a set of at least two opposite legal facts: a) conclusion of a civil contract; b) illegal – encroachment on subjective civil law; 2) the subjects are the holders of subjective rights arising from the binding legal relationship, which are not only the parties to the contractual obligation – the debtor and the creditor, but also third parties in whose favor the contract is concluded and which as a general rule also may require compliance with its terms; 3) the object is only the right, the scope of which is limited by the content of specific contractual relations, which has been illegally encroached upon by an unscrupulous subject of contractual relations; 4) the content is the permissible legitimate capabilities of the holder of the violated subjective civil law. It is proposed to understand the notion of the right to protection of civil rights in contractual obligations as a legally ensured competence, which is included in the content of subjective civil law generated by a contractual legal relationship and provides for its holder the opportunity to independently oppose illegal encroachment on subjective civil law or to the subjects of power for the application of measures of state coercion in order to stop the violation, non-recognition, challenge the subjective civil law, its restoration and eliminate the negative consequences of unlawful encroachment on it.