Serdyuk O. Civil legal means of protecting the rights of participants in credit relations in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102294

Applicant for

Specialization

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

29-04-2021

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The dissertation deals with theoretical and practical issues related to the use of participants in credit relations of civil remedies. The content of the concept of civil law protection of the rights of participants in credit relations and the means by which this is achieved are determined. The analysis of the mechanism of civil law protection of the rights of participants of credit legal relations, its structural elements and also the place in the general mechanism of legal regulation of civil relations is carried out. The peculiarities of the subject composition of the participants of credit relations are determined, it is established that depending on their possible combinations, at different stages of fulfillment of the credit obligation both the creditor and the borrower can be a competent or obligated subject of protection. The concept of "weakness" in credit relations is substantiated, which is the basis for the use of special tools to protect the rights of its participants. A meaningful description of the jurisdictional and non-jurisdictional set of measures used by participants in credit relations to protect their rights. An analysis of ways to ensure the fulfillment of credit obligations, which can also be considered as a way to protect the rights of their participants. The principles and general principles of application of the administrative form of protection of the rights of participants of credit legal relations are determined.

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