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§2. Concept, value and classification of civil-law means of preventive protection of the rights of the consumer of electric energy

The problem of consumer's right protection of the goods (works, services) is one of the most actual legal problems for today. Maintenance of effective consumer's right protection demands correct primenenijasistemy special legal means.

Studying of the legal validity taking into account the theory of legal means allows to consider more deeply specificity of consumer's right protection in sphere of the market of electric energy. On today's denrealizatsija the right of the consumer for electric energy in the corresponding market it is provided both public, and private-law tools. However whereas safe development of the market of electric energy is put under direct dependence on competition level on it, necessity for private-law means essentially increases.

It is necessary to define, that in the present research what maintenance of categories «legal means» and «civil-law means of consumer's right protection» will be understood as protection of the rights, and also.

In civil law the question of protection of rights is for a long time already a subject of discussions. The term "protection" traditionally in researches is contrasted with the term "protection". From the lexical point of view of essential semantic differences between the given categories is not present, as by rules of Russian [82] their use as synonyms is supposed.

The question of differentiation of terms "protection" and "protection" in the right is investigated by experts of the most different branches of law and up to the end is not resolved [83]. The given terms can be considered from the point of view of legal science as identical [84] or excellent from each other.

It is possible to recollect, that the right urged to organise, order public relations. Guarding function of the right is one of its main functions and is realised by means of all complex of rules of law and legal means. Guarding function is understood as the direction of legal influence aimed at protection of dominating public relations, their inviolability [85]. Any rule of law protects known interest. [86] in this connection it is possible to recollect L.O.Krasavchikovoj's remark which differentiates protection on three links: reguljativnoe, obespechitelnoe, protective »[87], thereby defining a term parity« protection "and" protection ». The Most widespread is the position according to which, under protection in the right understand regulation of the rights in general, with inclusion here protection is right [88]. And about protection of the rights talk, when the right is already broken [89]. N.I.Matuzov writes:« Protection and protection of the right or interest protected by the law not same: they are protected constantly, and protected only when are broken. Protection is the protection moment, one of its forms »[90]. In the widest understanding protection of the rights is all set of the measures providing a normal course of realisation of the rights, including measures of the legal, economic and other character, the necessary conditions directed on creation for realisation of rights [91].

Concerning the term «protection of the rights» certain discussions have arisen regarding a circle of subjects which can «carry out protection of the rights, to join in activity on protection of the rights, the activity directed on the prevention of infringement of the right and interest protected by the law, or this activity can include only suppression and elimination of already admitted infringements of the rights and interests» [92].

One consider, that protection can be carried out only state or authorised by the state jurisdiktsionnymi bodies [93]. Others, that besides the power authorised bodies, also carriers of [94] rights can carry out protection of the rights. Last understanding of protection of the rights from the point of view of the maintenance has gained the greatest distribution in a science [95].

Thus, the most widespread is the position according to which investigated terms are interconnected, but are not identical. The term «protection of the rights» already under the maintenance also joins in the term maintenance «protection of the rights» [96]. When it is a question of protection of the rights, infringement of the rights, [97] to protect these rights takes place, it is necessary to apply measures, (means) directed on restoration of the broken rights [98]. Accordingly, protection of the rights in the narrow sense of the word are the statutory measures directed on restoration, a recognition and protection of the civil rights and interests at their infringement and contest.

As to a parity of terms "right protection" and "legal regulation", here we will agree with scientists who speak about their uniform legal nature [99]. Legal regulation is carried out by means of legal means (legal rules, legal relations, individual instructions, etc.) productive, is standard-organizational influence on public relations for the purpose of their streamlining, protection, development according to public requirements [100]. Legal regulation represents one of forms of influence of the right to social communications, it is connected with an establishment of the concrete rights and duties of subjects, with direct instructions about due and possible [101].

As legal regulation subject various public relations act and it is carried out by means of complete system of means. However as a direct subject of legal regulation the strong-willed behaviour of participants of public relations through which only and it is possible to carry out stimulation or compulsion [102] acts. Key value has the purpose from which legal regulation is carried out. But in any case regulation assumes also protection.

Let's address once again to the term «protection of the rights». I.e. Abova notices, that the term "protection" covers all set of the measures providing a normal course of realisation of the right and transformation of possibilities put in pawn in the right in a reality »[103].« That is the right protection of the rights assumes legal regulation of certain group of the public relations which are carried out in frameworks and by means of legal regulation of public relations. The in itself term «protection of the rights» sets only a vector of such legal regulation, designates its purpose »[104].

Civil-law consumer's right protection of electric energy assumes protection of their right for electric energy which includes the right to reception, consumption and transfer of electric energy [105]. And maintenance of the given rights consists of two interconnected components: economic (commercial) and technological. Accordingly, protection of the given rights should include «system of the civil-law means directed as on the prevention, prevention of infringements of the rights of consumers, and on elimination, indemnification, restoration of the broken rights of consumers (protection of the rights of consumers)» [106].

Civil-law consumer's right protection of electric energy represents influence on relations on electrosupply both with direct participation of the consumer, and without it. As object of legal regulation consumer relations, and object of a right protection - the rights of consumers of electric energy act. As a direct subject of civil-law consumer's right protection of electric energy the strong-willed behaviour of participants of the consumer relations connected with the right to reception, consumption and transfer of electric energy acts.

Civil-law consumer's right protection by electric energy is carried out by means of the certain mechanism, called to guarantee achievement of the purposes of a right protection of the rights of such consumers. And as the mechanism of legal regulation - it «system of legal means» [107] it is necessary to allocate such means which would provide consumer's right protection of electric energy, and in the set formed the high-grade mechanism of protection of their rights.

The mechanism of consumer's right protection of electric energy includes the mechanism of realisation of the rights and the mechanism of a legal protection [108]. Stages which are allocated within the limits of the general mechanism of legal regulation, find the display and within the limits of the mechanism of protection of the rights. Hence, protection means are the legal means included in the mechanism of legal regulation of certain group of public relations [109].

Civil-law means of consumer's right protection of electric energy are one of kinds of legal means. The term "means" is «reception, a way of action for achievement something»; «the tool (a subject, set of adaptations) for realisation of any activity» [110]. As the in itself term general scientific and interdisciplinary, it is actively applied and in jurisprudence with specification on legal character: legal means.

In the doctrine some doctrines about the nature of legal means are developed. One authors approve, that legal means are embodied in rules of law («institutsionnye formations» [111]), and others - in actions of subjects («combinations (a combination) legal significant actions» [112]). Some scientists consider, that «legal means» do not give in to definition, classification as it is impossible to establish specific signs [113]. A consequence of such approach is the identification with such categories as «legal the phenomenon», «legal factors» [114], etc.

One of known theories is the offered S.S.Alekseevym the concept of a parity of the mechanism of legal regulation and legal means. According to it, «legal means» represents a component of the mechanism of legal regulation [115]. S.S.Alexey approved, that legal means is all range of legal phenomena, which are isolated and considered from a position of their functional purpose (tools of the decision of problems economic, social) [116].

A.V.Malko legal means defines, how «the legal phenomena expressed in tools (establishments) and acts (technology) with which help interests are satisfied, subjects of law, achievement of the is social-useful purposes» [117].pomneniju V.A.Sapuna legal means is provided are tool formations (establishments, forms) the legal validity which in the real functioning, use in the course of special legal activity lead to achievement of certain result in the decision of socially - economic, political, moral and other problems and the problems facing to a society and the state at the present stage [118]. B.I.Puginskijpredstavljaet legal means as «combinations (combination) of legally significant actions made by subjects with legal degree of the discretion and serving to achievement of these purposes (interests), not contradicting the legislation and interests of a society» [119].

In signs of legal means of B.I.Puginsky saw: combinations of actions of legal character carried out by subjects [120]; are provided by the legislation, hence, have the legal nature; their use is calculated on the initiative and known freedom of the discretion of subjects in a means choice, definition of its maintenance and an operating procedure with it; are complete formations, they are characterised by internal interrelation and structural unity; have rather universal character, are intended for the decision of various vital problems.

Legal means are not homogeneous and can be classified depending on sphere of action of the right on public and private-law. Among legal means in the market of electric energy defining place is occupied with civil-law means. In the general view it those legal means which influence adjustable public relations in sphere of action of civil law and are private-law by the nature.

It is necessary to notice, that civil-law means is in a broad sense admissible to carry to regulators in the jural sphere [121]. In particular, legal regulators in civil law and civil-law regulators, and also administrative, financial and in the electric power industry market it is possible to speak M.J.Chelyshevvydeljal about regulators of the different branch nature. However the greatest relative density civil-law regulators, in particular, occupy, undoubtedly, civil-law means.

Let's consider in more details signs of civil-law means. We will notice, that some scientists, arguing on signs of legal means, assume, that grazhdansko - legal means include both legal, and actual actions [122], resulting as an example the agency service contract. We will notice, that «juridical facts are a link between the rule of law and legal relation; without them it is not established, does not change and any legal relation» [123] does not stop. Hence, any fact which can entail norm application, is the fact legal [124] and as traditionally legal acts are classified on events and actions legally significant actions and inactivity are its component. Let's recollect, that grazhdansko - legal means is a tool of the right which purpose javljaetsjarealizatsija the civil rights and duties so, the key moment here is the accent on legal character as means, and actions, thus, actual actions are not included into number independent grazhdansko - legal means.

Means becomes legal in the event that it is provided by the legislation. JU.H. Kalmyks, N.A.Barinov noticed, that «legal means therefore are called as legal, that they are provided by rules of law» [125]. Legal means are effective in that case if they are interconnected among themselves and in aggregate form complete system as if concrete legal means, for example, does not cope with a problem of restoration of the broken right necessarily there should be other legal means, capable to solve the given question.

Agreeing with signs which were resulted by B.I.Puginsky, important separately to note the purpose of application of legal means as its sign. « Essence of a category of means - in a distance between the purpose and result »[126]. Really, when the certain person has a purpose, means of its achievement (realisation) are necessary for it, and means are subordinated the purposes. We will agree with L.D.Chuljukinym who differentiates concepts of the purpose and means, correlates them as follows: if means is definiteness of object through the purpose the purpose is definiteness through means [127], the purpose becomes means. Means before mastering by him serves as the purpose [128]. Hence, any means including the means used in legal activity, value can have itself to be rather independent, acting as ability of a subject to serve the purpose. The result is that material expression of the purpose, its embodiment which use (applications) of certain means has turned out as a result.

Legal aim becomes in the event that means of its achievement are provided in the right, i.e., presence of specific means of achievement [129] is required. The purpose formulated by the legislator, as a rule, has abstract character, aim the subject of private-law relations it is quite concrete, unequivocal and it is reached by means of its own actions.

The choice of legal means is caused by the purpose of the authorised person. If the authorised person is interested in maintenance of realisation of the rights, and also bar of claim by lapse of time of their infringement, i.e., protection of the rights legal means of protection of the rights is necessary for it. As legal means are universal, guarding they are done only by the purpose of the concrete authorised person within the limits of certain legal relations.

For today the high teoretiko-methodological importance is got by the concepts of the tool approach expressing applied character of legal means. Similar representations contain in B.I.Puginsky, S.J.Baranova, E.N.Gimazovoj, S.J.Filippovoj's works [130] In particular, E.N.Gimazova defines «civil-law means» as «expressed in norms of civil law the tool, which by means of the organisation of certain set of legal and actual actions (civil-law procedure) allows to solve the concrete practical problems facing to subjects of civil law (reception and (or) transfer of things, reception and payment of money resources and other)» [131].

As, as it was more than once marked, means are universal, defining value has the purpose from which they are applied. Hence, probably to talk about civil-law means of protection of the rights in the event that the aim of protection of rights of the certain person is pursued. S.JU.ram defines civil-law means of consumer's right protection as a complex of possible legally significant actions, statutory and/or the contract, directed on reception by the consumer of the goods, works, services of appropriate quality »[132].v the turn, D.M.Gilfanova under civil-law means of consumer's right protection of technically difficult goods understands means of maintenance of realisation and the protection of such consumers fixed in norms of the civil legislation [133].

To civil-law protection frames of the rights carry various kinds of rights, forms isposoby their protection, limits of realisation of the subjective civil rights, the bases and conditions of approach of civil responsibility, a measure (form) of civil responsibility [134]. We will agree with L.A.Shashkovoj's position which carries to them the legal means directed on restoration and (or) indemnification of the broken rights of consumers. Among civil-law protection frames of the rights of consumers it allocates measures of civil responsibility and other measures of civil-law protection (a measure of operative influence, a contract recognition void. [135]

At the same time, as is known, the purpose predetermines means and the sphere in which subjects wish to realise the rights and interests has value. We will notice, that in electric power industry it is possible to allocate two basic groups of private-law interests. The first is an interest of consumers which is expressed in unobstructed and high-grade realisation of the right for electric energy. The second group is an interest of the persons who are carrying out enterprise activity in sphere of electric power industry (manufacture of electric energy, sale, etc.), it is expressed in regular extraction of profit on realisation of the activity.

The sphere of public interests includes not only maintenance of economic, ecological and military safety of the country in a context of electropower branch, but also maintenance of conditions for realisation of the private interests specified above two groups [136]. And application of system of the means providing satisfaction of interests of the consumer, not dolzhnoprivodit to infringement of the laws of persons which are carrying out enterprise activity in sphere of electric power industry and on the contrary.

Thus, it is possible to approve, that in electric power industry protection of the rights and interests of consumers (including, businessmen) is reached by means of maintenance of normal legal regulation of relations between all subjects of the given market, maintenance of balance of interests of the specified persons. Necessity for civil-law protection frames of the rights of consumers of electric energy arises in case of infringement of corresponding balance. In spite of the fact that restoration of the broken rights in all areas of economy has important value, it is represented, that bar of claim by lapse of time of such infringement especially vazhnov to electric power industry sphere. Inadequate execution of the obligations connected with electrosupply, vedetne only to that the rights of the consumer of electric energy as the subject of obligations relations are broken, but also leads to restriction of other rights. It is easy to show it on such example: Low voltage in electric systems through which the consumer receives electric energy in the apartment house, or restriction of electrosupply of the consumer lead to that is impossible is high-grade to use an apartment house (premise), it is impossible to use all technically difficult goods (things) for which functioning the electricity is necessary.

On the basis of the above-stated, it is possible to draw a conclusion, that by the nature civil-law means of protection (understood as preventive measures) and protection frames of the rights of consumers differ. If the system of protection frames of the rights of the consumer in domestic civil law is well enough developed, unfortunately, measures of preventive character (a protection measure), despite all importance, have not received due study. Preventive measures (a protection measure) are extremely important for protection of the rights of consumers in technically and technologically difficult, multisubject markets what the market of electric energy concerns. Therefore in the present work at disclosing of mechanisms of protection of the rights of the consumer the emphasis will be laid on protection means (preventive means), and protection frames of the rights of the consumer will be considered only in connection with studying of the designated means of protection. Protection frames appreciably proizvodny from measures of preventive protection. Besides, often even classification of protection frames is carried out not according to material-legal grounds, and on the basis of remedial stages of protection. [137]

In relations on electrosupply specificity of applicable civil-law means of consumer's right protection of electric energy predetermine, as it was already marked, features of the electric power as object of the civil rights [138], including features of its transfer, and also specificity of legal relations in electric power industry sphere. Complexity, multicomponent character of legal relations on the electrosupply, the raised interrelation between all participants of these relations leads to necessity of separate consideration as civil-law means of consumer's right protection of personable means. Features of the electric power and capacity as goods, object of the rights and their transfer forces to consider as well veshchno-legal means of consumer's right protection of electric energy. Besides, as the basic source a regulator of concrete legal relation in the market of electric energy - the civil-law contract, it is necessary to consider and contractual (even it is wider - obligations) means. The given groups of means is obespechitelnymi from the point of view of function carried out by them. In this connection the classification of legal means resulted in the master's thesis of D.M.Gilfanovoj, is convenient at carrying out of scientific research of legal means with reference to electrosupply sphere.

Let's notice, that actually, allocation personable, veshchno-legal, and also obligations legal means it is based on the classification of civil-law means offered by B.I.Puginsky depending on a functional purpose and the purposes of application of civil-law means [139].kak fairly researchers [140] mark, the offered B.I.Puginsky's advantage of classification is that she allows all civil-law means to present on following bases: the civil-law legal personality and other personable tools; veshchno-legal tools, including, the property right; civil-law transactions; civil responsibility [141] ». About necessity of allocation of personable means of protection of interests of consumers wrote also J.V.Romanets [142].

Thus, civil-law means of consumer's right protection can be divided on two groups: obespechitelnye means and protection frames. Thus to obespechitelnym to means it is possible to carry personable, veshchno-legal and objazatelstvenno-legal means.

mezhdupravosubektnymi, veshchno-legal and objazatelstvenno-legal means of consumer's right protection of electric energy it is easy to show interrelation on a legal relation example. Legal relation in a broad sense is understood as the public relation settled by the right [143] (labour, civil, administrative). In S.J.Baranova's research legal means is represented in the form of system of the legal relations directed on achievement is social (or economically) the significant purpose which are not contradicting the legislation and interests of a society [144].

Let's present a situation when the physical person has the purpose to receive and consume electric energy. To reach the desirable purpose, it is necessary for person to conclude the electrosupply contract (legal relations obligations). However, to conclude the given contract, the physical person should have possibility to carry out the right and it to perform duties (to possess the legal capacity, capacity, i.e., it it is a question of the legal personality). And moreover, it is necessary to have the certain rights to property which will be attached to electrosupply system (the right to the house, the electric metre and other objects of an electronetwork economy). It is real rights More often.

Though in details each group of means will be separately considered, it is obviously necessary to show a role and values of each group of the specified means.

Personable means are specific enough, taking into account branch feature of electric power industry. By means of use of special personable means (granting of the status of the legal person, the subject of natural monopoly, the subject of the wholesale market) is reached the purpose of consumer's right protection of the electropower market.

Presence of the special or exclusive legal capacity at the professional participant of the electropower market, at it the special status gives presence to it not only the right, but also allocates with a wide range of duties concerning consumers of a various kind. The given duties are fixed at legislative level and carry pravoogranichitelnyj character under the relation to all subjects of the market, in particular to professional participants of the market.

So, at legislative level the special persons responsible for a certain direction in the market of electric power industry are allocated: the organisation of a commercial infrastructure, a technological infrastructure, etc. So, the subjects who are responsible for a technological infrastructure, the legal bodies founded by the state are. Use of a legal design of the legal person allows in the conditions of market economy to the state indirectly to influence the market, allows to use more widely civil-law regulators for achievement of the purposes.

Objazatelstvenno-legal means of consumer's right protection of electric energy can be subdivided into the contract and means of maintenance of execution of obligations. Feature of contracts as consumer's right protection means is shown in them vzaimoobuslovlennom, system character, presence of a uniform orientation. The basic contract is, certainly, the electrosupply contract. At that time within the limits of the wholesale market fixed assets of realisation of the rights for the consumer is the contract on joining to trading system of the wholesale market. In what the reason on which in the wholesale market the basic contract directed on maintenance of interests of consumers, the organizational contract is, instead of realizable? Without the conclusion of the specified contract it is impossible to get electric energy in the wholesale market in general. If the given contract have concluded with the consumer, it means, that he can participate in the wholesale market in such a manner that safety of a power supply system of the country is not broken, the rights of other consumers are not threatened, and also the consumer accepts conditions of a turn of the electric power and is high-grade participates in all mechanism of trade organised by subjects of a commercial infrastructure.

As to means of maintenance of execution of obligations used in studied sphere specificity of their application is caused as the market - wholesale, retail, and the sphere of application - electric power industry. As a whole the general ways known to the civil legislation are used. In the electropower market as the basic way of maintenance of execution of obligations the penalty acts, it has universal character as it is applicable under the relation to all participants of legal relations. The penalty in the retail market is lawful, in the wholesale market contractual.

Traditionally in contractual relations participants act on equal terms and realisation of the rights for everyone is based on possibility of freedom of will, optionality. However because the electric power industry is special sphere of economy where interests of the state are rather great, partially the satisfaction of requirements is carried out by private persons by means of the private-law tools (means) complicated by the public beginning. So, in a public order procedures of the introduction into relations on electrosupply are defined.

To veshchno-legal sredstvamohrany the rights of consumers electric energiiotnosjat the property right or other limited real right to object of the real estate in which electric energy or on object should arrive, through kotoryjprisoedinen the consumer; the easement; a special legal regime of objects of an electronetwork economy.

Real legal means of protection are connected with maintenance of effective appropriate realisation of the rights of the subject concerning certain object of the civil rights. Partly given problem dares by a legislative recognition of the right for electric energy and a recognition of electric energy the goods. At an identification of electric energy with the goods there is its rapprochement to such object of the civil rights, as a thing and, as consequence, an establishment of such competences, as the right to reception, consumption and transfer. The electric power is offered to be considered as separate object, the goods having the ambivalent nature.

Discriminating feature of the right for electric energy is that any person can be forced to transfer of electric energy. The right to reception and consumption does not carry pravoogranichitelnogo character.

In spite of the fact that modern technologies actively develop and for a long time wireless ways of transfer of electric energy, all the same introduction of such workings out during a modern life are developed while is limited in view of many reasons, including safety of a human life and health. Therefore for today realisation of the right for electric energy is put in direct dependence on the special equipment - of objects of electric power industry, including objects of an electronetwork economy. Out of objects of a material world - things - electric energy cannot be received, consumed or transferred.

Objects of electric power industry can be subdivided on what belong to the concrete consumer (for example: the electric metre, electric mains to borders of a balance accessory [145]) and the objects of electric power industry belonging to another of the person through which the consumer receives and consumes electric energy. In this connection the great value gets ENES - a uniform power system of the country. In ENES set of objects of the electric power industry connected by uniform process of manufacture (including manufactures in a mode of the combined development electric and thermal energy) joins and in the conditions of the centralised operatively-dispatching management in electric power industry [146].fakticheski it is possible to speak transfers of electric energy about a special legal regime of objects ENES.

Also the rights are necessary for realisation of the right for electric energy concerning property which will be directly technologically attached to electrosupply system, and also property, through which joining will be carried out (ground area). In the event that the rights and interests of the third parties are mentioned, the establishment concerning them imushchestvaservituta, or application of different ways of according a right of using, for example, by means of rent making contract is possible.

Briefing the aforesaid, we will notice, that the unity of civil-law means of consumer's right protection of electric energy is expressed in a uniform orientation for all legal means for maintenance of the consumer with electric energy. The differentiation of corresponding civil-law means is shown in their functional division into each site of the mechanism of legal regulation of protection of the rights of the consumer. All legal means are interconnected and vzaimoobuslovleny.

Speaking about consumer's right protection of electric energy, it is necessary to notice also, that it is provided also by means of granting of some public guarantees. So, questions of quality of the electric power as goods, safety, including ecological, are regulated in special regulatory legal acts, and legal consequences of infringement of the rights of consumers of electric energy in the form of measures legal otvetstvennostipredusmatrivajutsja in KoAPRF, UK the Russian Federation, GK the Russian Federation and other regulatory legal acts. Accordingly, the system of the legal means directed on maintenance of the rights of consumers, has interbranch character.

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A source: Valeeva Ajgul Vladimirovna. Civil-law means of preventive consumer's right protection of electric energy. The dissertation on scientific degree competition The master of laws. Kazan - 2018. 2018

More on topic §2. Concept, value and classification of civil-law means of preventive protection of the rights of the consumer of electric energy:

  1. the Chapter I. The General characteristic of civil-law means of preventive protection of the rights of the consumer of electric energy
  2. the Chapter II Characteristic of separate civil-law means of protection of the rights of the consumer of electric energy
  3. Valeev Ajgul Vladimirovna. Civil-law means of preventive consumer's right protection of electric energy. The dissertation on scientific degree competition The master of laws. Kazan - 2018, 2018
  4. § 1. Personable grazhdansko - legal means of protection of the rights of the consumer of electric energy
  5. §2. Veshchno-legal means of protection of the rights of the consumer of electric energy
  6. §3. Objazatelstvenno-legal means of consumer's right protection of electric energy
  7. §1. Legal features of the market of electric energy. The consumer of electric energy as the subject of relations on supply by electric energy
  8. concept and the nature of civil-law means of protection of interest of the debtor of the contractual obligation
  9. §3. Civil remedial means of increase of efficiency of final process: concept, Classification
  10. 1.2. Protection of the civil rights and interests on insurance means
  11. Paragraph 3. Civil-law protection of corporate franchises on means of an individualization of results of the activity
  12. Paragraph 4. Civil-law protection of corporate franchises on individualization means
  13. 1.3. Civil-law means of maintenance of the rights of authors and other legal owners at free use of products
  14. 1.2. Concept and kinds of civil-law means of free use of products
  15. 3.1. Civil-law ways of protection of the rights of minor patients
  16. CHAPTER 2. CIVIL-LAW MEANS OF PROTECTION INTEREST OF THE DEBTOR IN THE CONTRACTUAL OBLIGATION
  17. Chapter 3. Civil-law means of maintenance concerning free use of products with preservation of individual rights
  18. guarantees of civil-law protection of the rights of the private partner