UDTR Global Rights of Nature Radar

Правовая природа удержания как способа обеспечения исполнения обязательств

Identification

Public canonical key

radar:r-90afb8efc800dff47c4451e09a69fa6b

Authors

—

Reported year

—

Reported language

Russian

Source type

UNKNOWN

First detected

2026-11-13T15:33:12.475653+00:00

Last metadata observation

2026-11-13T15:33:12.475653+00:00

Last HTTP verification

Not checked

Documentary abstract — original language

Deduction of the debtor's property is a new (in comparison with the 1964 Civil Code) way of carrying out civil-law obligations. The author, analyzing various opinions ventured by civil legislation experts on the legal nature of deduction, proves the approach according to which deduction cannot be considered as the unilateral transaction In this work the author maintains that any transaction is directed at establishing, changing or terminating civil rights and duties. Functional orientation of deduction is different: its aim is to stimulate the debtor to appropriate execution of the duties. Besides, actions on deduction of property of the debtor do not result in a change of legal communication between the creditor and the debtor: there are no new rights and duties between them, the existing rights and duties, the nature of their legal relations remains unchanged. Giving reason for the position, the author allocates the basic lines of deduction which allow to understand more deeply the nature and features of the specified way of carrying out civil-law obligations. The article focuses on controversial questions connected with the characteristic of deduction as the subjective right, on the one hand, and as the unilateral act, carried out at the creditor's own will, on the other hand

Identifiers

Documentary context

Documentary family

unknown

Source-reported types

UNKNOWN

Publishers

Федеральное государственное бюджетное образовательное учреждение высшего профессионального образования «Московский государственный юридический университет имени О.Е. Кутафина»

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAIRE

Direct documentary source pending consolidation

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.