Lutsenko D. Realization of real estate at public auction according to the civil legislation of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U003455

Applicant for

Specialization

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

09-06-2016

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The dissertation is devoted to the realization of real estate at public auction according to the civil legislation of Ukraine. The theoretical generalization and new solution of scientific problems concerning contracting the results of public auction in the civil law of Ukraine are enlightened. Advisability of recognition of public auction (auction) as a special legal construction that consists of a few legal facts (complex legal fact): direct auction involving several stages, and the contract of sale, as a result of previous legal fact - auction is demonstrated. Thesis there is determined the subjects of legal relations in the sphere of realization of realestate at public auction, that include: a) Bid; b) tenderers; c) body of state executive service (in case of enforcement of court orders); d) the owner of the property. It is proved that the contract of sale concluded by the results of auction has always a written form though may be expressed directly in the form of contract, and in the form of minutes of the auction (in the forced sale of property). There are formed scientific conclusions and proposals to address the gaps and shortcomings in the implementation of the legal regulation of property at public auction and the order of nullity.

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