Bobko T. Contents and meaning of a transaction in the civil law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U005364

Applicant for

Specialization

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

30-06-2011

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation contains complex research of contents and form of a transaction in the civil law. Theoretical analysis of a concept "transaction" is made, its development in the civil legislation of Ukraine. The consequences of making a transaction with indication as such taxation, registration, information, and accounting are researched. The legislation requirements to contents and form of a transaction are disclosed, including written form, notarial verification of transactions. State registration requirements of transactions are given. It is grounded that contents and form of a transaction are relatively independent elements, which characterize a transaction as a legal concept and a logical construction. The requirements to transaction contents cannot be made to its form and vice versa. In a similar manner, the grounds for invalidity of a transaction due to contents drawbacks cannot be extended on form drawbacks. A transaction form should be differentiated from the order of its conclusion. E.g., letters exchange, telegrams, notices are the forms of a transaction conclusion, though CC calls this process the elements of its form. The requirements to a form of a transaction - written and notarial, and to procedure of its notarial verification and state registration are analysed.

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