Shaposhnikov D. Reparation of damages, caused to the health and life of a person, who saves property of other person without corresponding authorities.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U000627

Applicant for

Specialization

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

28-01-2006

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The work is devoted to the complex investigation of obligations, arising in connection with saving of property of other person, and reparation of damages, caused to the health and life of the person, who saved from the real threat the property of the other person without corresponding authorities for that. For the first time on scientific level the forming and development of the institution, which norms regulate damage reparation, which arise in connection with saving of property of other physical of legal person are analyzed; provisions of norms of civil legislation of Ukraine, connected with damage reparation, taking into account specific lawful acts, intended for saving the property of other person are summarized and systematized. The work include conditions of theoretical logicality and practical expediency of forming in domestic civil legislation of conception about damage reparation, caused to a person who executed actions, directed to prevention of threat to civil rights and interestsof other physical or legal person. Forming of system of obligation, differentiated on subjective and objective criteria, arising in connection with saving of the property of other person, in modern civil law of Ukraine are investigated. Existence of two institutions, similar on the substance and outward signs are analyzed: obligations, arising in connection with causing mutilation, other damage to health or death of a physical person, as a consequences of saving of the other person’s property, and obligations, arising in connection with damage caused to the property of physical or legal person in consequence of saving of other person’s property. Existence in Civil Law of Ukraine of specific type of obligation, arising in connection with damages, caused to the health and life of physical person, who saved property of other person, having considerable value, without corresponding authorities are substantiated; peculiarities of subjective composition of obligations, arising in connection with damages,caused to the health and life of physical person, who saved property of other person; peculiarities of obligations content, arising in connection with damages, caused to the health and life of physical person, who saved property of other person. Peculiar features of claims for recourse actions to persons, guilty for causing damage to the health and life of savors. Propositions concerning the improvement of the current civil legislation of Ukraine are stated."

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