PRESUMPTION OF WEAKNESS OF A PARTY TO A PRIVATE LAW RELATIONSHIP

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Legal principles and applications European and International Contract Law Comparative International Legal Studies

Abstract

Abstract: the article is devoted to the problem of the irrefutable weakness of some legal statuses of subjects of private law relations. In order to overcome this problem and preserve the protection of a really weak participant in a private law relationship, the author considers the use of the legal construction of presumption to be effective. The content of this presumption is determined, which consists of two aspects: material and procedural. The ways and consequences of its refutation are revealed. The following legal statuses of subjects for the possibility of securing a presumption are analyzed: the consumer, the joining party to the contract, the requesting party for the conclusion of a public contract, an employee in labor relations, a minority shareholder, a creditor, a minor, a disabled and needy family member. Amendments to the current legislation are proposed in terms of fixing norms‐presumptions, as well as necessary systemic changes in procedural norms.

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2001International Copyright: Principles, Law, and Practice 2020Integrated PSS Roadmapping Using Customer Needs and Technology Change Likelihood 2023CATEGORY “GOODS” IN THE SYSTEM OF NORMS OF TRADE (COMMERCIAL) LAW 2023LEGAL REGULATION OF COTTAGE ESTATES 2023ON THE TIMELINESS OF UNIFICATION OF THE CRIMINAL PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATION, REGULATING THE CONTROL AND VERIFICATION STAGES

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2023CATEGORY “GOODS” IN THE SYSTEM OF NORMS OF TRADE (COMMERCIAL) LAW 2023LEGAL REGULATION OF COTTAGE ESTATES 2023ON THE TIMELINESS OF UNIFICATION OF THE CRIMINAL PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATION, REGULATING THE CONTROL AND VERIFICATION STAGES

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