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CIVIL LAW REMEDIES IN THE ANGLO-SAXON (COMMON) LAW SYSTEM

D.N. LATYPOV,

Candidate of Legal Sciences, Associate Professor, Department of Business Law,

Civil and Arbitration Procedure, Perm State University

https://doi.org/10.24031/2226-0781-2021-11-6-196-213

This article is devoted to the system of civil law remedies applicable in the common law

states, in particular, in England. The subject of the research covers the specific civil law

remedies which are applied by the courts and in self-defence, as well as generally applicable

classifications of such methods of protection. The analysis of a vast number of judicial

precedents concerning the application of the main methods of protection of civil rights has

been carried out. The categories of civil law remedies, which are used in an out-of-court and

judicial (including those used at various stages of the trial) procedure, have been highlighted.

It was revealed that the main civil law remedy is compensation or compensation for losses

of the plaintiff. It is shown that the protection of civil rights in Anglo-Saxon law is aimed at

the most effective protection of the rights of the plaintiff, but not punishment or diminution

of the rights of the defendant. It was also revealed that in Anglo-Saxon law there are similar

(the same type) civil law remedies, which were formed in parallel in common law and

the law of justice. Based on the results of the analysis, it was concluded that the system of

civil law remedies in the common law is complex and overloaded, which complicates law

enforcement and applying for protection of the right.

Keywords: protection of rights; remedies; Anglo-Saxon (common) law; self-defense of

rights; judicial protection of rights.

References

Belykh V.S. Dogovornoe pravo Anglii: sravnitel’no-pravovoe issledovanie: monografiia

[English Contract Law: A Comparative Legal Survey: A Monograph]. Moscow: Prospekt,

2017. 207 p. (In Russ.)

Burrows A. English Private Law. 3rd ed. Oxford: Oxford University Press, 2013. 1664 p.

Dagan H. Remedies and Rights – Reconstructing American Legal Realism &

Rethinking Private Law Theory. Oxford: Oxford University Press, 2013. 256 p.

Edelman J. Gain-Based Damages: Contract, Tort, Equity and Intellectual Property.

Oxford: Hart Publishing, 2002. 320 р.

Fuller L.L., Perdue W.R., Jr. The Reliance Interest in Contract Damages. Yale Law

Journal, 1936, vol. 46, no. 1, pp. 52–96.

Information about the author

D.N. Latypov (Perm, Russia) – Candidate of Legal Sciences, Associate Professor,

Department of Business Law, Civil and Arbitration Procedure, Perm State University

(15 Bukireva St., Perm, 614068, Russia; e-mail: [email protected]).

Recommended citation

Latypov D.N. Sposoby zashchity grazhdanskikh prav po anglosaksonskomu pravu

[Civil Law Remedies in the Anglo-Saxon (Common) Law System]. Vestnik grazhdanskogo

protsessa – Herald of Civil Procedure, 2021, vol. 11, no. 6, pp. 196–213. (In Russ.)

https://doi.org/10.24031/2226-0781-2021-11-6-196-213

D.N. LATYPOV