LUTs' A. The Freedom of Agreement in Civil Law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0401U002121

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

27-06-2001

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis is an independent and completed scientific work; this is the first in Ukraine completed theoretical research of contractual freedom of subjects of civil relationship, starting from their decision to enter into legal relationship and from the moment when the parties (counteragents) are chosen, and to the imposition of the responsibility for breach of the contract. The following aspects of the freedom of agreement have been explained in the thesis on the basis of analysis of the literature and actual legislation and comparing them with the principals of the project of new Civil Code of Ukraine issued on August 25, 1996: a) free will in entering into legal relationship; b) counteragent's freedom of choice by an agreement; c) freedom of choice of the form of the contract by counteragents; d) freedom of choice of the contents of the contract by counteragents; e) right of the parties to make either the contracts predetermined by law or the contract not predetermined by law but not contradicting th e law; f) right of the parties to change, extend or terminate the contract; g) possibility of determination of the ways to provide the contract's terms fulfilment; h) the right to determine the penalty provisions (punitive measures), etc. The present research resulted in a number of a new scientific conclusions and proposals regarding perfection of the actual civil legislation, for instance regarding insertion of some changes and additions to the project of new Civil Code of Ukraine in terms of contractual law.

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