319. Particular characteristics.

In determining in individual cases whether a right or obligation is 'civil' in character1, the reasoning of the courts has been guided by the following considerations: the treatment of the right or obligation in domestic law (as a starting-point only); the substantive content and effects or character of the right or obligation; the extent to which a uniform approach to a particular right or obligation can be identified among the Council of Europe states; and whether, among the characteristics of the right or obligation, those of a public law or private law feature predominate2. The following characteristics have accordingly