Rushchak I. Transactions that violate public order and its nullity

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U006822

Applicant for

Specialization

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

14-12-2012

Specialized Academic Board

К 26.500.01

Essay

The thesis is devoted to research settlement transactions that violate public order (antypublic transactions) and transactions that do not meet the moral criteria of society and the legal consequences of committing antypublic and amoral transactions in case of invalidity. The concept and content antypublic and amoral transactions and legal consequences of their nullity are defined. Considerable attention is paid to amendments of art. 228 CC of Ukraine from 02.12.2010 that provide civil legal confiscation by the commission antypublic transaction. The reasons and conditions of using such confiscation are analyzed. The conclusion about the absence of art. 228 CC of the revised version sufficient specific criteria for applying confiscatory penalties that will result in ambiguous interpretation of the provisions of this article and formation of the controversial litigation are justified. The scientific and theoretical conclusions about the concepts of public order and antypublic transactions, the reasons for civil legal confiscation and suggestions for improving the law are proposed

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