Goncharenko V. Reception of the roman contract of loan for use in modern Ukrainian civil legislation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U000767

Applicant for

Specialization

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

10-02-2006

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is devoted to the problem of reception of the roman contract of loan for use (commodatum) in modern Ukrainian civil legislation. The first section of dissertation is devoted to analysis of the literature on the theme of dissertation and choosing the methods of research. The concept of Roman law reception as the component of general process of previous civilizations achievement rebirth is formulated in this part of work. The brief analysis of Ukrainian law of obligations formation is given and the conclusion is made about taking place of derivative Roman private law reception in Ukraine. The tendencies of formation of contract law concept on modern stage are marked. The second section of dissertation is devoted to a research of genesis, system, characteristic features and principles of Roman law of obligations. The qualifying signs of contracts of loan for use (commodatum) in Roman law and the main features of legal regulation of the contract of loan for use in foreign countries are also analyzed. In the third section of dissertation the essence and singularity of legal regulation of the contract of loan for use in modern Ukrainian civil law are examined. A detailed analysis of the influence of Roman law on the legal regulation of contract of loan for use has been presented. The conclusions about necessity of improvement of the rules that regulate the contract of loan for use in Civil Code of Ukraine and appropriate propositions are made."

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