Lesko Y. Indemnification, caused owing to interaction of vehicles

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U001559

Applicant for

Specialization

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

21-03-2017

Specialized Academic Board

Д 64.051.28

V.N. Karazin Kharkiv National University

Essay

Object of the study: civil-law relations arising in the event of injury due to the interaction of vehicles. Purpose: to establish common patterns and specific features of compensation for damage caused as a result of the interaction of vehicles, to develop specific proposals and recommendations for improving the legal regulation of the relevant obligations relations. Methods: formal-logical (dogmatic), systemic, functional, historical, comparative analysis, deduction, induction, interpretation of legal norms, etc. Scientific novelty: the concept of obligations for compensation of harm caused as a result of interaction of vehicles was first defined. The necessity of simultaneous application of the norm on compensation for damage caused by a source of increased danger (articles 1187, 1188 of the Civil Code of Ukraine) and the rules on compensation for harm caused in emergency situations (article 1171 of the Civil Code of Ukraine) is substantiated. Signs of sources of increased danger in the activities of persons associated with unmanned vehicles and unmanned aircraft are formulated, the obligation to compensate for harm caused as a result of the interaction of which is assigned to the owner of such a vehicle. The approaches to the procedure for payment of insurance compensation are improved in the event that one person enters into a mandatory contract and a voluntary insurance contract for the civil liability of several insurers. Practical significance: the results of the research can be the basis for further scientific research on the problems of harm reduction obligations, civil liability, insurance obligations, and for improving civil legislation in this area. Scope of application: research materials can be used in teaching students of higher educational institutions of the disciplines «Civil Law», «Problems of the Law of Obligation», «Conflict Obligations» and others.

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