Ilchenko A. Civil Action Claim, Arising out of Insurance Relations in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002452

Applicant for

Specialization

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

16-05-2016

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis is on a comprehensive view of the topic of Claims Institute arising out of insurance relations that definitely affects the comprehensive, proper and timely hearing of the cases of abovementioned category. The thesis investigates the nature of the claim form of defense of rights and lawful interests of the insurance relations subjects, problematic issues in definition of term and elements of the claim in cases arising out of insurance relations, and classifies such claims. In the work is performed an analysis of the actual status of the processual and legislative regulation of the institute of claim guaranty in cases arising out of insurance relations. The thesis suggests the recommendations for improvement of the effectiveness of the institute of claim security in the abovementioned category of cases. Were identified the peculiar features of the procedure of implementation of the right to trial and right to bring suit in disputes arising out of insurance relations. In addition, the thesis proposes set of proposals as for improvement of the legislation of Ukraine in insurance field, and judicial practice in order to decrease the number of action proceedings arising out of insurance relations, to increase guaranties for rights protection and legitimate interests of the subjects of such legal relations, unification of enforcement practices in this area.

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