Klymenko A. Preliminary agreement in the civil relations: theory and practice

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U002642

Applicant for

Specialization

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

26-05-2010

Specialized Academic Board

К 26.007.06

Essay

The dissertation thesis is devoted to the exploration of provisions of National leg-islation of Ukraine and existing doctrinal provisions in correspondence with preliminary agreement, research of the subject, corresponding features, core, role and sphere of us-age of preliminary agreement and its place in the system of civil and legal relations, to researching the questions of interactions of preliminary agreement with such social and legal categories as offer, agreement about intentions, treaty with delaying circumstances or postponing term, protocol which is signed as a result of trading for the right to make an agreement, option, and futures agreement. Thesis has comparison analysis of the modern characteristics of the foreign preliminary agreements with the preliminary agreement according to the Ukrainian legislature and the analysis of the ways of imple-mentation of positive foreign experience in the Ukrainian legislature. The research on the topic "majority law" in the sphere of preliminary agreement construction has been made, problems of preliminary agreement regulations usage has been studied too. Views of scientists on the preliminary agreement in the context of organizational and guaran-teeing function, which are present in its meaning, got further development and improvement. The author formulates theoretical conclusions on the examined questions and practical propositions, designed to improve legal regulation of preliminary agree-ment in the Ukrainian legislature.

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