Dons'ka L. Problems of Causation in Civil Law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U000012

Applicant for

Specialization

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

08-12-2006

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

In the dissertation under consideration research was undertaken on the problem of causation, treated as natural phenomenon; it is considered to be legal (judicial) fact. The author initiated the conception that the functioning Law of Ukraine is based on the theory of causation which is called conditio sine gua non. In case certain result has been caused by a number of reasons, it is desirable to apply the propositions of the theory of stages in causation, introduced by Trinin A.N. The research undertaken in the dissertation proved that in case scientific conceptions narrow the meaning of causation, it could lead to introducing subjective approach in treating the phenomenon of causation. Otherwise conceptions of the kind lack features of reason. The author substantiates the propositions to recognize the theory of direct causations not to be sufficient to be used on the official level in supreme judicial institutions; suggests that amendments into the functioning Law should be introduced. These measureswill make it possible to apply conditio sine gua non in judicial practice.

Files

Similar theses