Molodyko K. The Guarantees of Financial Institutions as Method of the Civil Protection of the Civil Relations' Participants' Rights and Interests.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U003424

Applicant for

Specialization

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

21-06-2007

Specialized Academic Board

К 26.500.01

Essay

The dissertation for the Candidate of Science Degree (Law), speciality 12.00.03 - Civil Law and Civil Process; International Private Law; Family Law. - Research Institute of the private law and enterprise, law-science Academy. - Kyiv, 2007. The dissertation is dedicated to the legal research of the guarantees of financial institutions as of the new unique method of the securing of international trade obligations' realization. Author pays attention to the gradual implementation of this institute to the legal systems of the different countries; to the mutual in-fluence of the guarantee's obligations, guarantee contracts' obligations and obligations, which are secured by the guarantee. The dissertation includes the description of collisions in the legal norms, which regulate the guarantee relations in Ukraine; the description of some contradictions in the secondary legislation and in the Laws of Ukraine; propositions how to improve the Ukrainian legislation. Author proves that the size of financial institutions' guarantee operations is increasing because of the two facts. Firstly, the participants of the market economy are interested in the development of the mecha-nisms, which can accelerate the defense of their rights. Secondly, it is advisable to replace the state's meth-ods of administrative compulsions by the mechanisms of the legal regulation, which will have economic features. Author examines the distinctive features of usage of the financial institutions' guarantees when it comes about the protection of the public interests and proves that such guarantees have the civil nature. Au-thor also gives concrete propositions how to make the sphere of the legal regulation wider in order to use such guarantees to ensure the public interests. The key words: international trade customs, guarantee, guarantee contract, guarantor, counter-guarantor, principal, beneficiary, regress.

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