Ostapenko V. Suretyship as a way to ensure the satisfaction of creditors (based on jurisprudence)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006596

Applicant for

Specialization

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

17-11-2015

Specialized Academic Board

Д. 26.001.06

Essay

Thus, it is suggested that the characteristic features of the sponsorship are refered to the properties, which distinguish it from other legal phenomena or properties, which allow to consider the suretyship as one of the types of ensuring the fulfillment of the obligations. The dissertation analyzes the features of the subject composition of legal guarantee - namely, the participation in this legal relationship such subjects as the surety, the debtor and the creditor. The author has investigated the mechanism of realization of the rights and obligations of the creditor, the surety and the debtor as well as the correlation of such rights and obligations. The thesis focuses on the analysis of grounds for termination of the suretyship. In particular, the classification of the general grounds for termination of the suretyship is proposed, the specifics of using special grounds for termination of the suretyship is defined. In addition, author has proposed to expand the list of specific grounds for termination of the suretyship and also has suggested the improvements of Article 559 of the Civil Code, which governs the special grounds for termination of the suretyship.

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