Mihaliuk L. Unmentioned agreements in the civil law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U007499

Applicant for

Specialization

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

19-12-2013

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

Dissertation is the first advanced study in domestic legal literature, which is devoted the questions of essence, place and role of the unmentioned agreements, in the civil law of Ukraine. On the basis of analysis of legal literature, legislation and judicial practice, by an author certainly main lines and signs of the unmentioned agreements, the order of their conclusion, change, implementation, dissolution, and law consequences of neglect of duties is reflected. That enabled to formulate the concept of the unmentioned agreement, and define methods them legal adjusting. The special attention is spared classification of the unmentioned agreements, that enabled to examine them as a variety of civil legal agreement, in which lack of insufficiency of the legal adjusting by compensated freedom of forming of maintenance of the unmentioned agreement, as sides are in a position on own discretion, plugging in his maintenance any necessary terms which do not conflict with a legislation and principles of civil law. Thus a "subject of agreement" is the unique general substantial condition for all unmentioned agreements.

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