Dyka A. The Dispute On Law In Civil Litigation.

The dissertation thesis is dedicated to comprehensive research of a notion “dispute on law” in civil litigation to which the author suggests to include the registration process in order to draw attention of the scholars to the essential discrepancies in its regulation which is manifested through the powers of the registrars and conceptual framework. In the present work, the dispute on law is analyzed in the context of theoretical and practical levels; its content and types are suggested, its classification is proposed providing separation of a basic dispute on substantive law as a key pillar of the subsequent types of litigation disputes that may be found in the notarial, civil, commercial and enforcement litigations as well as through appeal of acts, decisions or omission of a notary, judge or enforcement officer, or recognition of a regulatory act as unconstitutional that means the dispute on public law arises. Thus, the dispute on law is an interrealm notion enabling to define or specify the type of proceedings, and subsequently – jurisdiction of a certain court and participants of a case. The general content of a substantive dispute is reduced to the inability to exercise the rights of the person due to the non-recognition or contestation of the authority of the legal person and / or the violation of his rights and as a result of the different positions of the parties and the subsequent dispute over the fact, for example, damage, its nature and size. Such a dispute can be called a sub-type of a legal dispute or a derivative dispute of a duty.