Tarasenko L. Civil Responsibility for Breakage of Pecuniary Obligations

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U002307

Applicant for

Specialization

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

25-05-2006

Specialized Academic Board

Д26.236.02

Essay

In the Thesis legal nature of money has been studied and their place in the system of civil law objects has been determined. Concepts of pecuniary obligations and some peculiarities of their arising have been adduced. The scope of civil responsibilities for breakage of pecuniary obligations has been defined. Basis of the civil responsibility for breakage of pecuniary obligations have been analyzed and the conclusion, that under civil legislation of Ukraine such responsibility is the responsibility without gilt, has been substantiated. Legal nature of interests under pecuniary obligations has been determined, namely, interests for other’s money use under Article 536 of Civil Code of Ukraine as a payment for other’s money use and annual interest rate under part 2 of Article 625 of Civil Code of Ukraine as a legal penalty for the delay of pecuniary obligations. Conclusion made that the difference between amount of debt, which is to be paid considering established inflation index under part 2 of Article 625 of Civil Code of Ukraine, and nominal amount of debt is a payment of damages to a creditor caused by devaluation of national currency. Peculiarities of civil responsibility for pecuniary obligations and suggestions on development of the current legislation have been represented.

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