Gramatskiy E. The Сontract of Сustody in Сivil Law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U003670

Applicant for

Specialization

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

14-10-2004

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The dissertation is dedicated to a complex research of the issues related to the legal regulation of custody obligations arising out of the contracts of custody. The historical evolution of the institute of custody has been analyzed in the first place. The comparative description of the regulations concerning custody under the Civil code of USSR and the Civil code of Ukraine is given. Legal grounds for accrual of custody obligations have been defined and classified. The legal nature of the contract of custody, its substantial provisions and form as well as procedure of formation of the said contract have been determined. Subjects (parties) of the contract of custody have been characterized. The circle of professional custodians has been defined. Particular attention has been paid to general and specific conditions for the custodian's and depositor's liability for breaching the contract of custody. The need for increasing the scope of the professional custodians' liability has been substantiated: professional custodians in addition must be liable to recovering of lucrum cessans incurred by breach of the contract. The scientific and theoretical conclusions as to the legal nature of custody obligations, their classification, and the grounds for civil liability of the parties to the contract of custody have been made. Recommendations for improvement of the Civil code of Ukraine and its implementation have been put forward.

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