Andriienko V. Forfaiting agreement in the civil law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002265

Applicant for

Specialization

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

26-02-2018

Specialized Academic Board

К 58.082.04

Essay

The dissertation solves the problem of determining the general theoretical foundations of civil law regulation of forfaiting relations. In particular, this paper clarifies the legal aspects of the forfeiting agreement; the doctrinal concept of forfaiting agreement is given; The common features of the forfeiting agreement as a generic concept with the identification of the specifics of a particular type of civil contract - the contract of factoring; the features of the forfeiting agreement were revealed and the essential conditions and the form of the forfeiting agreement were determined; The peculiarities of legal status of forfeiting contract subjects, their rights and duties are determined; the peculiarities of implementation of the forfeiting agreement, peculiarities of its termination and liability of the parties are determined; formulated proposals for the improvement of the current legislation. In particular, the dissertation describes the state of the research of the forfeiting agreement in civil law and its directions, and examines the main scientific approaches to the forfeiting agreement. The various approaches that exist in this regard, in particular, representatives of civilized science, are presented. Based on the study of normative material and the analysis of literary sources, conclusions and recommendations for further improvement of Ukrainian legislation on forfeiting agreement are formulated.

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