Dykhta N. Contract of agency in Roman private law and its reception in modern civil legislation of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U000455

Applicant for

Specialization

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

08-06-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

In the science of our country of civil law the dissertation is the first special complex research of contract of agency under Roman private law and its reception in modern Ukrainian civil legislation. The dissertation is a special complex research of contract of agency under Roman private law and its reception in modern Ukrainian civil legislation. The regulation of civil relations for contract of agency in the modern civil legislation of Ukraine is characterized; the presence of a reception of Roman private law and its provisions regarding the agency contract in Ukrainian legislation is established. Valid conclusion is suggested that the main provisions of the contract of agency were formulated in Roman private law and were recycled or perceived through the laws of Western European states (France, Germany and England) in the process of historical development of civil law in the form of secondary reception. It has done proportion the contract of agency and other related contracts which are regulated by the civil code of Ukraine. Special features of conclusion, alteration and termination of the contract of agency under civil legislation of Ukraine are researched. It is determined that the presence of fiduciary relations for the contract of agency is an integral and specific condition for its conclusion; the existence of the current agency contract depends on the existence of special fiduciary relations between contractors, the loss of these relations leads to changes and also to unilateral refusal which is stipulated by the legislator. Concrete proposals and recommendations regarding improvement for well-defined interpretation and rational application of the rules that regulate the contract of agency under current civil legislation of Ukraine were formulated.

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