Nechyporenko N. Civil legal regulation of transport of goods by rail

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003840

Applicant for

Specialization

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

29-09-2017

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

The dissertation is devoted to the problems of civil law regulation of transportation of goods by rail. The state of regulatory and legal regulation of the organization of railway transportation in Ukraine is established. The peculiarities of the civil status of participants in the relations of transportation of goods by rail are determined. The features of the object of civil law relations for the carriage of goods by rail are singled. The legal nature of the contract for the carriage of goods by rail is determined. The basis of the relations of transportation of goods by rail is investigated. The peculiarities of realization of rights and fulfilment of duties in relation to the transportation of goods by rail are determined. The grounds for civil liability in relation to the carriage of goods by rail are established. The features of civil liability for violation of certain conditions of the contract of transportation of goods by rail are determined. A model of civil law regulation of the transportation of goods by rail is formed, which consists in the legislative consolidation of the imperative requirements imposed on the carrier, its technical and operational capabilities, the procedure for performing actions related to the proper movement of goods by rail, which ensures the effective realization of the rights of the sender and the recipient.

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