Urazova G. Category of waiver in the civil law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006675

Applicant for

Specialization

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

17-11-2015

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The Dissertation is devoted to the comprehensive researching category waiver in civil law of Ukraine. The author proved that the waiver is the basic, fundamental concept of civil law, therefore it is the civil law category. The author defined the concept and features of the category of waiver; the correlation of waiver with such related concepts as alienation, denial of the right, abjudication, forefault of rights. It is proved that the waiver is always a one-side deal, thereupon in some relationships it has features. The author updated the classification of types of waiver, and a unilateral rejection of a contract with the election of two criteria: 1) the grounds and 2) conditions for the realization of this right. The waiver is characterized in view of its inception, the scope, grounds, objectives, possible consequences of withdrawal. The waiver mechanism is examined. The waiver of the subjective rights (property rights, intellectual property rights, corporate rights, pre-emptive rights, inheritance rights) is characterized. The features of the waiver of one-side, bilateral and multilateral deal are found out. The comparative analysis of the concepts of "abandonment of the deal", "rejection of a contract", "renounce a commitment", "renounce of execution a commitment" and "rejection acceptation execution" and - "denunciation of contract" and "rejection of a contract" has been carried out.

Files

Similar theses