Korchak T. Civil legal consequences of declaring an individual dead in accordance with the laws of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U000727

Applicant for

Specialization

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

14-03-2017

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis intends to conduct a complex research of the civil consequences following the announcement of an individual deceased in accordance with the laws of Ukraine. The concept of declaring an individual deceased is considered in the context of internal migration and long-term disappearance of individuals. The historical aspects of this concept, its relationship with the concept of recognizing a person missing, international legal practice and pressing current problems in Ukraine have been considered. It has been proved that declaring an individual deceased is a substantive, indirect and interdisciplinary presumption. The national civil law concept of the consequences of declaring an individual dead has been studied. Property and non-property consequences of declaring a person dead, his/her legal status and the consequences of emergence of a person who was declared dead through legal proceedings have been considered. A differentiated approach to the scientific view of the consequences of appearance of a person declared dead, with due consideration of subjective attitude of participants in legal relations to real circumstances has been suggested. For the first time the division of the concepts of suspended and potentially renewable legal standing through legal proceedings at a place of residence and legal standing as for the place of stay, which is not subject to loss, has been made.

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