Zhdankina L. Termination of civil liability offset

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001589

Applicant for

Specialization

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

16-04-2018

Specialized Academic Board

К 58.082.04

Essay

The thesis is devoted to the main problems of theoretical substantiation and practical implementation of the institute of civil liabilities termination by admitting counter-homogeneous claims. The importance of this method of liability termination and its utilitarian nature in terms of further legal consequences were detected. Also, the author's classification of types of offset as a way to terminate civil liability was introduced. Special attention in the thesis is paid to the problem of the dynamics of civil liability termination by offset. Not only the general provisions of the dynamics of this process are revealed, but also the basic principles laid down in its basis were defined. The restriction and inadmissibility of civil liability termination cases by counterclaims offsetting were investigated. The most successful cases of legal adjustment and application practice of offset admission as a way to terminate civil liability in foreign countries were researched. The author's own vision of ways and areas of improvement of the civil law model of offset admission as a way to terminate civil liability was introduced.

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