Kozachuk Y. Bill in Private International Law: Some Questions of Material Law and Conflict of Laws.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U001664

Applicant for

Specialization

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

28-02-2013

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation deals with the sources of material and conflict Law of Bills in Geneva, Anglo-American and Latin American systems of bills. The reasons of arising of conflict of laws problem in bills relations, complicated by a "foreign element", are determined. The process of international unification of material rules of bills is analysed. The questions of the formation and functioning of the system of international bills negotiation according to UN Convention 1988 on International Bills of Exchange and International Promissory Notes are researched. The methods of conflict regulations of bills relations, complicated by a "foreign element", are analysed. The influence of the principle of the most close connection on the formation of the content and application of the bill conflict of laws rules have been determined. The principles and order of the settlement of conflict of laws issues of bills obligations in Geneva, Anglo-American and Latin American bills systems have been determined. The material and conflict questions of bills in the Ukrainian Private International Law have been examined. The propositions as for the improvement of the actual Ukrainian Legislation and also the practical usage by Ukrainian courts of the Geneva Convention of 1930 for the settlement of certain conflicts of law in connection with bills of exchange and promissory notes have been made.

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