Kurpas J. Conception and development of Property Management Institution in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U004929

Applicant for

Specialization

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

23-12-2004

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the comprehensive analysis of Property Management Institution the investigation of which is vitally important both in theoretical and practical aspects considering the efficiency of this civil institution in view of current social, economic, legislative and law-application realities in Ukraine. The investigation of basic grounds of this institution' creation in civil law of Ukraine proceeds from the historical and legal analysis of trust institution in Anglo-Saxon legal family. A particular interest in the thesis is paid to the research of fiduciary constructions in the continental legal system; the basic differences of Trust Institution and Property Management Institution are defined. On the basis of doctrine and Ukrainian effective legislature the general characteristics of Contract of Property Management are pointed out, legal nature of property manager' rights is conceptualized, object and subject-matter of this Contract, its contents, responsibility on aforementionedContract are also under analysis. A significant attention is stressed on the investigation of distinctive features of contractual management of wards' property; the prospects of other contractual forms' creation of Property Management are brought to light in this work. The author substantiates concrete proposals directed at the perfection of Ukrainian current legislature with the purpose to provide the best conditions for the investigated civil institution' futher development. Key words: trust, law of equity, fiduciary, Contract of Property Management, property' manager, real law, beneficiary contract, proprietary right, wardship (trusteeship), beneficiary.

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