Cerkovna O. Release basis from civil responsibility for damaging.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U000108

Applicant for

Specialization

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

23-12-2008

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

This thesis focuses on research of release basis from civil responsibility. It is examined such release basis from civil responsibility for inflicted damaging as incident (case), necessary defense, absolute necessity, act of providence and intention of victim. Essence and maintenance of such categories as «release from civil responsibility» and «exception of civil responsibility» are ascertained. The position is argued on application necessity of differentiated approach in separation of an act of providence and a case. It is suggested to expound the rough signs and simple carelessness directly in Civil Code, using present decisions of carelessness’ types. In conclusions the author formulated the directions of application of the got results at a release from civil responsibility for damaging, recommendations and suggestions are offered in relation to current legislation perfection."

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