WAYS OF SELF-DEFENSE OF CIVIL RIGHTS IN CONTRACTUAL OBLIGATIONS

Abstract

The article is devoted to the description of measures of operative influence as legal methods of non-jurisdictional form of protection of civil rights in contractual obligations. It is proposed to understand the measures of operative influence as special types of self-protection of civil rights in contractual obligations provided in the contract or law, which are unilateral acts of a legal nature committed by the parties to the contract to stop or prevent recurrence of breach of contract. A number of basic features of self-defense of contractual rights are singled out and the author’s understanding of the concept of self-defense is offered. The necessity of perception of measures of operative influence as special ways of self-defense is substantiated, proceeding from affinity of their legal nature and existence of a number of defining common features, among which: 1) the same legal grounds for the application of self-defense and measures of operational influence – violation of the subjective civil rights of the party to the contractual relationship or the creation of a real threat of such violation; 2) the same subjective specifics of their implementation – the authorized person is a party to the contractual relationship, which carries out self-defense and applies measures of operative influence independently and unilaterally; 3) the same purpose of their application – to counteract the illegal encroachment on the subjective civil rights of the party to the contractual relationship. It is concluded that the legal facts that give the party to the contractual relationship the right to implement measures of operative influence is a violation of its subjective civil law or the creation of a real threat of such a violation, which corresponds to the concept of preventive protection of civil rights in contractual obligations, as well as harmonizes with the legal basis for the use of self-defense.