Alyabyshev M. The peculiarities of conclusion of the treaties on the auction

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U000779

Applicant for

Specialization

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

20-02-2009

Specialized Academic Board

К 26.500.01

Essay

The dissertation is devoted to the problems which are connected with organization and conducting of the auctions in Ukraine. The economic reasons of origin of the auctions are explored in work, also the history of becoming and development of the auctions is considered. The main attention is devoted to the analysis of civil-law relations arising between the organizers and the participants of auction on every stage of its conducting. The analysis of the used terminology is conducted. The author's determination of term "auction" is done, also the conclusion that "auction" and "public trades" are identical definitions is based. It is offered to refuse to use the term "public trade" in juridical practice. The author draws the conclusion that the subject of the auction is not the property but the right to conclude the corresponding treaty. It is examined the peculiarities of civil-law treaties at all stages of auction's conducting, and also the practice of declaration them invalid. It is madethe conclusion that the treaty which is concluded in accordance with the results of the conducted auction can be declare invalid and in case if any of treaties, which were concluded on the previous stages of auction's conducting, were declared invalid.

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