Tkachuk A. Sense of guilt in relations of liability for the breach of contractual obligations.

The thesis contains complex analysis of theoretical and practical issues connected with using of guilt clause in relations of liability for the breach of contractual obligations. The premises of formation, the process of rise and evolution of guilt as a law category in Roman private law are investigated here and the essence of guilt, its forms, types, criterions and features of using in relations of contractual liability in Roman law are defined in the thesis. The essence of contractual liability as a legal tool for harmonisation of debtor's and creditor's overlapping legal interests is revealed and its legal nature, grounds and implications of rise and the forms are also examined in detail. The significance of the guilt in relations of contractual liability is fond out, its definition, criterions, forms, types etc. are specified. The main current trends to regulation of the relations connected with consideration of guilt in the field of contractual liability are revealed on the basis of comparative analysis of legislation, law and doctrine of some developed countries and the proper rules of some international private law documents. The scientific-theoretical recommendations concerning the legal regulation of guilt clause in relations of contractual liability in civil legislation of Ukraine are formulated and offered on this basis.