Skhab-Buchynska T. Limitations of contractual freedom in civil law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U005756

Applicant for

Specialization

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

09-12-2016

Specialized Academic Board

К 20.051.14

Kolomyia Educational-Scientific Institute The Vasyl Stefanyk Precarpathian National University

Essay

The thesis is devoted to clarify the characteristics and forms of restrictions on contractual freedom during conclusion, execution and termination of contractual obligations.The features of restrictions of contractual freedom are described. On their basis, the author proposes a definition of restriction of contractual freedom and a definition of contractual freedom's boundaries.The essential conditions of the contract, the forms and procedure of conclusion, execution and termination of certain types of contracts are analyzed in the light of restrictions of contractual freedom. Contractual limitations are distinguished from the related legal categories, such as property rights and pre-emption rights.The impact of some evaluative words (intelligence, honesty, moral basis of society, public order, etc.) is observed on the contractual freedom and the performance of contractual obligations. The author presents his own classification of the abuses of contractual freedom.As a result there were formulated a number of new scientific provisions and proposals for improving the existing ukrainian civil law, in particular concerning the implementation of specific legal norms to the Civil Code of Ukraine.

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