Simson O. Legal features of the contracts of investment character.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0401U002306

Applicant for

Specialization

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

02-07-2001

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to research of the relations, which arise in the process of carrying out the investment activity, their essence, forms and element structure, and also to the development of legal adjustment of such relations in the Ukraine. The special attention is given to the contractual forms of the investment relations, formulation of a generic concept for the contracts of investment character, to revealing of their identification attributes, qualifying necessary and additional conditions, to conducting of classification for the investment contracts. Using attributes set forth above, the concrete types of civil-law contracts, which concern the category of investment ones, are shown up. The legal nature of the contracts with special subject structure is separately analysed. The similar forms of the investment contracts in the right of foreign states, and also experience of their legal adjustment within the framework of national and special legal regimes are studied. Concrete suggestions on improvement of the Ukrainian investment legislation are given in the work. It is suggested to recognize implementation of the contracts of investment character as the basic criterion for granting a special (preferential) legal regime of adjustment.

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