Tsyban A. Subjective civil duty as element of obligatory legal relationship

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001929

Applicant for

Specialization

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

27-06-2017

Specialized Academic Board

Д 64.051.28

V.N.Karazin Kharkiv National University

Essay

Оbject of research: civil obligatory legal relationship. Goal of research: clarification of the legal nature subjective civil duty as element of obligatory legal relationship. Research methods: descriptive, analytical-synthetic, logical-legal, system-structural, etc. Scientific novelty: proven interrelation of subjective civil duty with the interests protected by law because duties provide the interests protected by law, which realize through the duty of the general type - not to violate the interests protected by law. There are propose classification of subjective civil duties depending the stages of performance of the contractual obligation. Determine specific features of subjective civil duties in the obligatory legal relationship and provide author's definition of counter duties. There are determine specifics of duties for which the right to claim has not arisen, which consists in the fact that such duties belong to the property sphere of the debtor. Practical importance: dissertation research has a comprehensive analysis of the content of subjective civil liability as an element of binding relationship, disclosed its features and essence, which expanded the scientific understanding of the subject of research. Field of application: during the course of lectures on disciplines «Civil law», «Comparative civil law and civil process», special courses «Law of Obligations», «Actual problems of civil law» etc.

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