Sidorenko M. The Judicial defense of the civil law and interest as overall beginning of the civil legislation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U001673

Applicant for

Specialization

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

25-02-2012

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is devoted to the investigation of the judicial defense of the civil law, interest as overall beginning of the civil legislation of Ukraine. In the paper the author investigates the category of overall beginning of the civil legislation, principle of the civil law, their correlation. A wide circle of sources is reviewed, which fall within both general and special aspects of problems. Selected aspect of the problem has never been an object of an independent complex of the dissertation investigation. Has been analyzed the system of the overall beginning, of the civil legislation of Ukraine and has been determined, the meaning of the judicial defense of the civil law and interests as the main element of this system, which contains the straight instruction on juridical form of the defense. Has been analyzed the conditions and the moment of origin deright on juridical defense, specifics of choice the way of protect, jurisdictional form of defense, advantage of the judicial defense of the civil law and interest. Has been investigated the role and the meaning of the judicial decision in the process of the realization of juridical defense of the civil law, interest, and freedom. The main attention in the dissertation investigation has been spared to the judicial practice of defense of the civil law and interests, analysis of which had permitted to give ground to the separated conclusions, which was done during investigation.

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