Klimenko O. The peculiarities of the legal status of the State as the subject of private (civil) law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U001451

Applicant for

Specialization

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

11-04-2006

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the study of legal status of state as the subject of private (civil) law, the peculiarities of its civil status and the participation in civil relations. The dissertation includes the complex of theoretical researches concerning determination the criteria of civic nature of state legal personality while entering into the private-law field, the place of the state in the system of the private (civil) law subjects, the peculiarities of its civil status with regard to the general legal status of the state, legal forms of its civic nature and participation in civil relations. In particular, the author, on the basis of legal modelling, justifies the possibility and practicability of the extension to the state as the subject of private (civil) law the structure of "legal person" (as legal fiction), studies the mechanisms of state participation in civil relations and proves that the function-legal form of the realization of the state legal personality is the institute of state legitimate (official) representation, identifies the peculiarities of contractual representation of the state in the civil circulation. The author focuses on the peculiarities of the state participation in the peculiar civil relations, the peculiarities of the civilian relations with the participation of state, in particular, in the sphere of property relations, relations of heritance, lease, contractual relationship and delictual obligations. While researching the theoretical and practical aspects of the theme, the author drafted and moved the proposals on improvement of the current Ukrainian legislation and certain draft laws.

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