Klimovskyi S. Right to Personal Paper: Civil-law aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004210

Applicant for

Specialization

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

26-06-2015

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

The dissertation is dedicated to actual problems of civil-law regulation of the right to personal papers. On the basis of current legislation and the results of previous studies, historical and philosophical preconditions of formation and development of the right to personal papers have been identified; personal papers are described as items subject to rights; civil law concept of subjective civil right to personal papers has been defined. The author defines the place of the right to personal papers in a system of moral rights of an individual, describes the content of the right to personal papers, as well as procedure for exercise of the right to personal papers and limits thereof; certain features of disposal of personal papers have been identified. In addition, the focus on the features of civil protection of the right to personal papers has been made; the concept has been defined and forms and methods of civil protection of the right to personal papers have been described. The study that has been conducted allows to solve theoretical and practical problems and inconsistencies arising out of interpretation and implementation of the right to personal papers as moral right of an individual, as well as during legal regulation of the relations that are important both for practical ensuring of individuals' privacy and for further research in the sphere of moral rights of individuals.

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