Bobko V. Court procedure in cases that deals with adjudication of a physical person missing and declaration of his death.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U000406

Applicant for

Specialization

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

18-01-2007

Specialized Academic Board

К 26.500.01

Essay

The thesis for a candidate of juridical scienses' degree for speciality 12.00.03 - civil law and civil process; family law; private international law. - The Research institute of private law and enterprising, The Academy of Juridical Sciences of Ukraine. - Kjiv, 2006. The thesis deals with comprehensive study of procedural characteristics of examinatiuon and decision of civil cases that deals with recognition of a physical person missing and declaration of his death. Based on the analysis of acting laws and results of the preliminary study, one defined juridical nature of cases that deals with adjudication of disappearance of a physical person or declaration of his death, formulated the concept of missing, determined the object of the relief at law. Such matters as the ultimate fact, judicial review were analyzed, the relationship between peculiarities of judicial review for cases of studied category and general principles of civil court procedure was determined. Regarded in the light of general demands to be raised to court award, one studied the essence of a court award and its characteristics for cases of the given category. Proposals as for improvement of the civil procedural legislation and court rulings were given. Key words: missing, declaration of death of a physical person, applicants, interested persons, proof, court award.

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