Vereshchinska I. The subject of proof in cases of inheritance

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005893

Applicant for

Specialization

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

16-10-2015

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis is a monographic study that presents the results of a scientific analysis of the characteristics of proof in cases of inheritance, proving grounds for exemption, allocation of responsibilities for proof. The concept and characteristics of the content of proof are provided. In this work the legal regulation of questioning party as a witness in civil proceedings and reasonably conclude imbalance of equality of rights and obligations of the parties are not in favor of the parties which took a proactive stance and agrees to question his/her as a witness and thus contribute to speedy trial of the case . Based on a comparative analysis of the laws of individual states of Europe and Ukraine author proposes amendments and additions to the article 109 CPC of Ukraine to overcome the conflict of jurisdiction of the CPC of Ukraine and the Law of Ukraine "On private international law" to determine the jurisdiction of civil cases in accordance with such legal institution as contractual jurisdiction.

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