Fedoseev P. The Institute of Surety and Guarantee in Roman Law and its Reception in Civil Law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0403U002967

Applicant for

Specialization

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

07-06-2003

Specialized Academic Board

К 64.700.02

Essay

The problems of origination and development of the Institute of Surety and Guarantee in Roman Private Law and peculiarities of its reception and application in Civil Law of Ukraine have been investigated in this Thesis. An attempt of a complex investigation of the Institute of Surety, its peculiarities and characteristic features, as well as existing tendency in its development as a way of obligations' surety and guarantee in Roman Law was undertaken. In the Thesis it has been revealed that Ukraine has receipted fundamental tenets of Roman Institute of Surety mainly through the German system of obligations guarantee and surety, as well as through Romanic and Anglo-Saxon Legal Systems interpretation. During "Soviet" period these relations have been regulated within limited volume, but free-market reforms "have reanimated" this Institute, having developed the adequate norms and provisions in the Project of Civil Code of Ukraine.

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