Muzyka T. An alternative obligation according to the civil legislation of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U000822

Applicant for

Specialization

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

10-03-2016

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the comprehensive research of an alternative obligation's legal construction. It is argued that the object of alternative obligation is single and defined. It is complicated with making a choice among several actions which are the object of an alternative obligation. It is concluded that a right of a choice as a part of the alternative obligation's content is a subjective civil right which is similar to creditor's right to demand performance. A choice is an element of legal composition that is needed for proper performance of alternative obligations. It is emphasized that the grounds for accrual of alternative obligation could be either transactions or violations. The alternative obligation's proper performance procedure and its termination conditions are determined. It is proved that it is necessary to limit exercise of a right of choice with preclusive period upon the expiry of which this right devolves to the other party of an alternative obligation. It is a modification of legal relationship, which is a way of protection of unentitled party's rights that is not the measure or civil liability, so it does not depend on guilt of party who is entitled to choose.

Files

Similar theses