Dyba Y. Civil legal consequences of the invalidity of the transaction

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002366

Applicant for

Specialization

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

26-04-2018

Specialized Academic Board

Д 26.500.01

Essay

The thesis is devoted to the study of the civil law consequences of the invalidity of the transaction, the application of the consequences of the invalidity of the transaction as protection of civil rights, as well as the civil liability of the parties to the transaction invalidated. The thesis analyzes the legal grounds for applying the consequences of the invalidity of the transaction, defines the legal description of the implementation of the invalid transaction and provides a description of the legal (tort) grounds for the application of civil legal sanctions on the invalidity of the transaction. Taking into account the theoretical principles and Judicial practice of the application of the civil law of Ukraine, the definition of the concept and types of legal consequences of the invalidity of the transaction was given and their place in the structure of ways of protection of civil rights and interests. It is substantiated the problems found in the theory of civil law and in court practice arising from the application of restitution, legal and contractual consequences of the invalidity of the transaction. Also, the grounds and procedure of civil liability (indemnification and / or non-pecuniary damage) of the parties of the transaction declared invalid are determined.

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