Ivanova S. Invalidation of a legal action as a way to protect civil rights and interests under the laws of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U001539

Applicant for

Specialization

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

27-03-2014

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

Manuscript contents general theoretical description of all the ways to protect civil rights and interests under the laws of Ukraine. It allows to define legal characteristics of the system of such way of protection as recognition of the legal action as invalid and application of the consequences of its invalidity. On the basis of doctrinal understanding of the institute of recognition of the legal action as invalid and application of the consequences of its invalidity it is defined features of applications for protection legitimate rights and interests. It is proved that in researches of invalid actions nature focus should be moved from the concept of invalidity of legal action on the legal nature of the invalidation of a legal action as a way of protection of civil rights and interests in the systematical connection with an application of the consequences of its invalidity. It is defined specificity of the legal basis of invalidation of a legal action and on the basis of what is proposed to carry out their separation on the criteria of interest.

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