Maritz D. Law regulation of terms of property sail payment

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U007376

Applicant for

Specialization

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

15-12-2011

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

Dissertation is devoted to the topical problems of law regulation of term of payment of property sale contracts, including sale contracts, retail contracts, vendor contracts, barter contracts, energy supply contracts through connected network, agricultural goods supply contracts, rent, ownership for use in perpetuity, and hereditary contracts. Characteristic features of payoff in these contracts and their law nature are well defined. Term of payment of property sale contracts is defined on the basis of civil law general principles as well as it's classification is provided. Much prominence is given by dissertation to the term "preclusive" and, especially, to the guarantee term. The adequacy of using the term "preclusive" is discussed. Preclusive terms of hereditary contracts are explained as well as some temporal peculiarities of implementation of these contracts. Principles of sale contracts implementation are analyzed. The onset of property right within the framework of sale contracts is determined. Law regulation and law consequences of failure to pay in time of both debtor and creditor are studied. Suggestions concerning changes and additions to the current Ukrainian law are formulated as well as improvements in it's implementation

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