Having established the concept of self-help and its role among dispute resolution methods, we now examine the instrumental aspect of unilateral protection. This involves its presence in various legal relationships created by private parties and the State, serving as an instrument for enforcing, protecting, and satisfying infringed or threatened interests. To organize this approach, two perspectives directly impact the scope of actions available to the active party: contractual and non-contractual relationships. In each case, there are different levels of freedom and limitations regarding the subjection of the passive party. This segmentation is further highlighted by the increasing use of technology, which has proven to be a key mechanism for enhancing self-help, as will also be discussed.

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Instrumental Function of Self-Help

  • Elie Pierre Eid

摘要

Having established the concept of self-help and its role among dispute resolution methods, we now examine the instrumental aspect of unilateral protection. This involves its presence in various legal relationships created by private parties and the State, serving as an instrument for enforcing, protecting, and satisfying infringed or threatened interests. To organize this approach, two perspectives directly impact the scope of actions available to the active party: contractual and non-contractual relationships. In each case, there are different levels of freedom and limitations regarding the subjection of the passive party. This segmentation is further highlighted by the increasing use of technology, which has proven to be a key mechanism for enhancing self-help, as will also be discussed.