Coercion and coercion in civil law: problems of correlation

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.

Authors

Publication Details

Journal
Siberian Law Herald
Published
2025-01-01
DOI
https://doi.org/10.26516/2071-8136.2025.2.50
Primary Topic
Legal and Regulatory Analysis
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Coercion and coercion in civil law: problems of correlation

N. N. Vasilyeva
Siberian Law Herald
Legal and Regulatory Analysis
article

Coercion and coercion in civil law: problems of correlation

N. N. Vasilyeva
article en

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.

Siberian Law HeraldVol. 2
Openalex Percentile: Top 82%
Legal and Regulatory Analysis
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.