Lewandowski C. Legal regulation of subsidiary responsibility of private and juridical persons in civil law of Ukraine and Germany

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U005377

Applicant for

Specialization

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

06-07-2012

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 dissertation is devoted to the integrated research of legal relationships of civil and subsidiary responsibility. In the dissertation the research results which solve a certain number of questions concerning the improvement of the legal regulations of the above mentioned legal relationships are stated. Analyzing norms of subsidiary responsibility that are consolidated in civil law of Ukraine and Germany, the folowing conclusion could be done: principle approach to the legal regulation of these social relationships in Ukraine and Germany are equal and deal with the institute of subsidiary responsibility that based on the conception of subsidiarity as a main principle. For the improvement of legal regulation of subsidiary responsibility in Ukraine there is the necessity to conform a fix mechanism of a creditor to evoke the fulfilment of an obligation from a subsidiary debtor: a) the time of the fulfillment of an obligation, b) the moment to exhibit a request of the main debtor, of the subsidiary debtor or c) at the moment of approach of a charge on the property of the main debtor

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