Definition of risk as a civil legal category
https://doi.org/10.22394/2074-7306-2024-1-1-116-125
EDN: MGRWPU
Abstract
The article is devoted to the formation of a universal definition of such a civil law category as risk. The relevance of this topic is due to the vastness of the spread of risks in civil legal relations in the absence of their legal definition in civil law. Within the scope of the article, the author considers approaches to the definition of the concept of «risk» through the prism of linguistic, general philosophical and civil law understanding. Particular attention is paid to the study of the basic theories of civil risk. The author expresses the idea of the applicability of the definitions of civil law risk formed within these concepts in relation to its individual varieties, regulated by the norms of the current civil legislation. The article also touches upon the issue of the appointment of legal norms governing civil risks, emphasizing their distributive nature. In conclusion, the author presents for consideration the formulated general definition of risk as a civil law category. In addition, the author draws attention to the need for a fair distribution of civil law risks with the obligatory consideration of private and public (public) interests.
About the Author
D. G. Zamay
South-Russia Institute of Management – branch of Russian Presidential Academy of National Economy and Public Administration
Russian Federation
Russian Federation
Dmitriy G. Zamay – Postgraduate Student of the Department of Civil and Business Law, South-Russia Institute of Management – branch of RANEPA
Rostov-on-Don
References
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Review
For citations:
Zamay D.G. Definition of risk as a civil legal category. North Caucasus Legal Vestnik. 2024;(1):116-125. (In Russ.) https://doi.org/10.22394/2074-7306-2024-1-1-116-125. EDN: MGRWPU
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