ivanenko O. The civil-law regulation of liens

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U000914

Applicant for

Specialization

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

18-02-2009

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

Dissertation work is dedicated to a comprehensive study of norms of civil legislation of Ukraine, which regulate the institute of lien. In dissertation generalized key problems, related to functioning of liens and the basic ways of their decision are formed. The conducted research allowed to define the grounds of application of liens, legal nature of this method of guaranteeing the satisfaction of obligation and allowed to define its functional setting. According to researches, was proved that the moment of origin of a right on liens, moment of application of liens by creditor and the moment, when creditor has a right to initiate the appeal of penalty on the debtor's things does not clash in time. In dissertation it is grounded, that except of the right of possession for a creditor the right for disposing of the object of liens arises up. In dissertation was investigated correlation of liens with other institutes of civil law and defined, that liens is an independent civil legal institute with its ownpeculiar features. On the basis of results of research work were formed the offers to improve the norms of civil legislation, which regulate the probed method of guaranteeing the satisfaction of obligation, and also were formed the recommendations for optimization of application of liens in practical activity of subjects of the civil law.

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