Ostapchuk O. Resolving disputes commercial courts arising from lease agreement of real property

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U002167

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

26-05-2017

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

In the thesis the stages of formation and development of legislation on rent at the time of independent Ukraine, trends and issues its application commercial courts in resolving disputes, arising from the conclusion, modification, implementation, continuation and termination of leases of leases of real property, nullity. Revealed the features of settlement specified categories of disputes. Analyzes forms of generalization of the practice of commercial courts, determine their importance in ensuring unity of jurisprudence. Revealed the features legal regulation of relations lease of real property in the field of menage. Revealed ways to unify the judicial practice in the light the reform of the judicial system of Ukraine. Justified ways to eliminate the influence of contradictory norms the current legislation on rent for the practice of consideration by commercial courts of the relevant disputes. Formulated a series of proposals to improve legislation on rent, to clarify the list of essential terms of the lease and the reasons for its termination, methods of judicial protection of the rights of participants of leasing relations and the application of measures of economic and legal responsibility.

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