Petrenko K. Limitation in civil law

In the dissertation work, a prescription and a limitation in civil law are investigated. The genesis of the concepts of «prescription» and «limitation in civil law is considered», a general description of various types of the limitation in civil law is provided. The author’s definition of the notions «prescription», «limitation», «prescription of compulsory execution of a voluntarily unfulfilled obligation» is proposed. The stages of formation and development of prescription and limitation in the civil law of Ukraine are highlighted. The theory of «abstract (general) prescription» has been strengthened on the basis of a systematic and comparative analysis of modern normative sources, special literature and law enforcement practice. It has been established that prescription is an inter-sectoral institution, manifested through a system of such signs as the subject unity of social relations, the approach of inter-sectoral legal regulation, the existence of its own legal principles of the industry, the existence of sectoral and procedural norms, and the complexity of the regions regulatory legal acts. It is argued that the limitation in private law has a substantive nature, which, unlike procedural terms, are subject to special rules for calculating, suspending, interrupting and establishing the legal material consequences of their expiration. The classification of the limitation on various grounds has been developed.