Hruschynska N. Sale and purchase agreement of an enterprise as a single property complex

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U003577

Applicant for

Specialization

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

30-05-2012

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

The thesis covers the comprehensive study of an enterprise as a single property complex. It defines a new civil law object, i.e. an enterprise as a single property complex, the peculiarities of its sale and purchase agreement and the parties' liability for improper performance of obligations under such agreement. Tangible and intangible components of an enterprise as a single property complex were analyzed. The latter was complemented by the notion of goodwill. A part of an enterprise as a single property complex was distinguished as an independent object of civil law. An exemplary list of parties' rights and obligations under a sale and purchase agreement of an enterprise as a single property complex was suggested. The moment of origin of ownership right and the moment of actual transition of an enterprise as a single property complex were analyzed. Suggestions on an enterprise registration as a single property complex were made. The grounds for parties' liability under an agreement were determined, as well as the warranties for creditors' rights

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