Chernolutskiy R. The problems of legal personality in conflict of laws of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U003528

Applicant for

Specialization

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

07-07-2006

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is devoted to the research and foundation of theoretical and practical problems of the juridical category of legal personality of private law. The dissertation is pointed at the complex analysis of problems of accrual and realization of legal personality of natural and legal persons in conflict of laws of Ukraine.The phenomenon of the juridical category of legal personality (participants) in the relationships of conflict legal order that is engrafted by "foreign element", which is covered by such concepts as "legal capacity" and "active capacity" and determines the legal status content of natural and legal persons is defined on the basis of analysis of doctrinal research, the legislation of Ukraine and other states, private international law and international agreements rates, as well as the materials of international practice. The main task of the given theoretical research is the scientific comprehension of legal personality as an independent category of civil and private international law relations, formation and development of the given category in conflict of laws of Ukraine and the research of its essence and content conflict problems at the new stage of the national legislation development. The peculiarities of international legal personality compared with the categories of persons' legal and active capacity in conflict of laws of Ukraine are analyzed. The proposals regarding improvement of civil legislation of Ukraine and private international law are formulated

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