Coercion and coercion in civil law: problems of correlation
Year: 2025
Type: article
Abstract: The problem of the correlation of the categories “coercion” and “coercion” in civil law is investigated. A critical review of various views is presented, which indicates the lack of consensus among civil scientists on the issue under study. It has been established that coercion is an integral element of protective relations. Using the example of the implementation of various powers of protective subjective law (the right to protection), it is concluded that in civil law there is direct coercion in the case of self-defense measures in non-contractual relations and indirect coercion in the mechanism of operational measures in contractual relations. Two forms of implementation of indirect coercive measures have been identified – jurisdictional (judicial) and non-jurisdictional (extrajudicial). The position is substantiated that the measures of operational impact, which have elements of indirect coercion, fully fit into the concept of private legal coercion.
Source: Siberian Law Herald
Author: N. N. Vasilyeva
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412428534