Zubar V. Liabilities Arising from the Spontaneous Agency

The focus of the thesis is placed on the investigation of a range of factors, tendencies and principles related to the formation and development of the circumstances that may arise from the spontaneous agency. The condition of original sources as well as studies of the issue in question in the legal literature, have been analysed. It is reported that to date, no attempt has been undertaken in respect of the comprehensive study of the said institution within the modern context of the civil law concept. Considering the above, the progress of formation of this kind of liabilities in the Roman law has been traced, including the progress of its development in the process of the civil legislation codification in relation to XIX-XX centuries. A separate consideration is given to the condition and perspectives for the development of the spontaneous agency institution in Ukraine. A detailed analysis of the concept related to the liabilities arising from the spontaneous agency was undertaken; rights and liabilit ies of the parties were described. In this context, the spontaneous agency is considered to be a kind of lawful actions targeted at the elimination of any treat of injury; these are viewed as the rationale for the emergence of the so called "preventative liabilities"; and hence the rights-liabilities balance of the parties are seen as the outcome of the agreed interests of the subjects to such relations. Consideration was given to a variety of conditions that allow to raise a point of the emergence of circumstances. In the author's understanding, such conditions involve the absence of agency with the gestor, the urge for and advisability of intromission and intentional actions undertaken in favour of another person. The conclusions contain the assessment of the general tendencies incidental to the development of the institution under consideration as well as the status of its adjustment in the different legal frameworks. The author has formulated his vision of the future development of this kind of liabilitie s in the Civil Law of Ukraine and worked out a range of precise proposals concerning the edition of certain norms of the Draft Civil Code of Ukraine.