Pavlovskya N. The theory and practice of the moral wealth protection by the civil legislation of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0402U001553

Applicant for

Specialization

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

20-04-2002

Specialized Academic Board

К 64.700.03

Essay

The dissertation presents the theoretical and practical analysis of legal institute of the moral wealth protection on affairs dealing with indemnity of the moral harm caused to physical and legal persons. The gnosiological and legal nature of institute of the moral wealth, their ways of protection, indemnity of moral harm, historical aspect of development, the form of protection, a branch nature of law-relations which are investigated, the basic problems and prospects of development of this institute are under investigation. Recommendations for improvement of a legislative regulation of property and non-property rights protection both physical, and legal persons, institute of judicial consideration on an indemnification of moral harm affairs are substantiated and offered. Special attention is payed to the question of moral harm indemnity caused to citizens during military conflicts and global accidents. In the given work problems of moral harm indemnity according to the legislation of Ukraine are covered in complex and details, as well as, the legislation and judicial practice of England, Germany, USA and Russia are analyzed. In appendices there are presented samples of statements of claim on indemnity of moral harm violation of separate categories of citizens' rights.

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