Derbakova J. Civil legal capacity minors.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U005946

Applicant for

Specialization

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

05-12-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first in Ukraine specific complex research of minors’ legal personality in civil legal relations. General theoretic principles of minors’ legal personality were investigated. It was discovered that in the composition of legal capacity of minors capacity, capability and procapability and subcapability should be allocate. It was proved that not all powers of a minor can be implemented by a mechanism of legal capacity (subcapacity). Specific civil relationships in terms of features of minor’s participation in them and the legal status of minors are being analysed. The mechanism of assistance in the implementation of the rights of minors, which is included in the minor’s personality that determines its specifics, is being explored. A unified approach to the practical implementation of this mechanism in specific relationships with minors’ participation with appropriate legal support is being generated. The legal status of “legal representatives” of a minor and the legal nature of his participation in transactions made by the minor is being defined. Theoretical reasonable proposals on improvement of current legislation in the field of civil capacity of minors are being formulated. "

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