Defense of Civil Rights through Preventive Demands
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Abstract
In this article the author analyses one of the civil rights defense methods – preventive demands, their essence, submission conditions, defense limits, and their usefulness to entities of civil circulation. The interception of preventive claims is also examined.
The article stresses that the article 1.138, part 1, clause 3 of the Civil Code of the Republic of Lithuania (thereinafter LR CC) establishes a preventive claim as a way of defending civil rights, does not correspond to the provisions of LR CC article 6.255 and is replaced by the term preventive demands.
The article highlights that other methods of civil rights defense in a wide sense are intended to restore the situation before the violation of rights and recover from a violator of rights material or immaterial damage, meanwhile by using preventive demands including the preventive claim it is attempted to pre-empt incidents and prevent legal entities from damage.
The aim of this article is to investigate the importance of preventive demands in protecting rights and interests of legal entities in the system of civil rights defence.
The article stresses that the article 1.138, part 1, clause 3 of the Civil Code of the Republic of Lithuania (thereinafter LR CC) establishes a preventive claim as a way of defending civil rights, does not correspond to the provisions of LR CC article 6.255 and is replaced by the term preventive demands.
The article highlights that other methods of civil rights defense in a wide sense are intended to restore the situation before the violation of rights and recover from a violator of rights material or immaterial damage, meanwhile by using preventive demands including the preventive claim it is attempted to pre-empt incidents and prevent legal entities from damage.
The aim of this article is to investigate the importance of preventive demands in protecting rights and interests of legal entities in the system of civil rights defence.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
