Vodopian T. An individual as a party of contractual obligations in the civil law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004945

Applicant for

Specialization

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

22-10-2015

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 thesis is a comprehensive study of personality as a contractual obligations party in civil law of Ukraine. General theoretical and conceptual approaches to an individual as a party of contractual obligations are investigated in the paper. The nature, features and the structure of contractual capacity as a separate (independent) category in civil law of Ukraine are considered. The contract construction as a legal form of individual's civil legal personality realization is analyzed. The classification of contracts was provided depending on the person's participation: a) contracts, which are freely concluded between persons or persons and entities on general terms without special requirements for legal status of the parts; b) contracts which can be made by persons with special legal status (matrimonial, hereditary contracts); c) contracts, where one party is only a person and another is a person or an entity (lifelong maintenance); d) consumer contracts, where one party is a subject of entrepreneurial activity and another is a person (retail sales contract, household contractor's agreement, contract of hire etc.); e) contracts, where a person may take part only in a status of person-entrepreneur (factoring agreement, commercial concession). The cases of person's contractual participation restrictions were found out. The individual's legal status elements (features) in contractual obligations are established; among them are active and passive legal capacity, the name of a person as the main means of individualization and the location of individual - the part of contractual obligations.

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