Mykhalniuk O. Civic-legal regulation on guarantee.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U005227

Applicant for

Specialization

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

06-12-2006

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

Dissertation contains comprehensive study of legal nature of guarantee as a method of ensuring fulfillment of obligations. There was made an analysis of notions, features and functional role of guarantee, proposed classification of types of guarantees and there was determined set of subjects of legal relations regarding guarantees. Also there was described notion and features of guarantee agreement; determined requirements regarding its form, crucial conditions, order of execution, responsibility; described mechanisms of compensations of loss incurred by guarantor as a result of fulfilling obligations for debtor. In the dissertation there was made analysis of historical tendencies of development of guarantee in Roman law and legislation that was functioning on the territory of Ukrainian state. Also there was taken into account modern experience of regulation of guarantee in the legislation of CIS countries and European Union. There were backed by analysis propositions and recommendations regarding improvement and proper implementation of legal norms on guarantee.

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