Year: 2023
Type: article
Abstract: : the article is devoted to the problem of the irrefutable weakness of some legal statuses of subjects of private law relations. In order to overcome this problem and preserve the protection of a really weak participant in a private law relationship, the author considers the use of the legal construction of presumption to be effective. The content of this presumption is determined, which consists of two aspects: material and procedural. The ways and consequences of its refutation are revealed. The following legal statuses of subjects for the possibility of securing a presumption are analyzed: the consumer, the joining party to the contract, the requesting party for the conclusion of a public contract, an employee in labor relations, a minority shareholder, a creditor, a minor, a disabled and needy family member. Amendments to the current legislation are proposed in terms of fixing norms‐presumptions, as well as necessary systemic changes in procedural norms.
Source: Ex Jure
Author: O. N. Gulyaeva
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4389403191