Voronko O. Enforcement of judgments in civil cases in Ukraine and France: a comparative legal analysis.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103571

Applicant for

Specialization

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

27-09-2021

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

The dissertation is devoted to research of problematic aspects of enforcement proceedings in Ukraine and France. Their concepts, the legal nature of enforcement proceedings are analyzed. Particular attention is paid to the historical and legal aspects of the development of enforcement proceedings in France. It is emphasized that in essence the definitions “ways of execution” (voies d'exécution) or “procedures of civil execution” (procedures civiles d’exécution) of France and the enforcement proceedings of Ukraine are similar, because in all cases it is a question of the order of execution, including compulsory court judgments and other acts of jurisdictional bodies. The author states that French system of enforcement proceedings has historically been formed on the basis of private law on the activities of executors with the establishment of state supervision. Legal consciousness as an element of the legal culture of French society plays a crucial role in French law for the voluntary implementation of the requirements of the enforcement documents. Regarding the enforcement proceedings in Ukraine, the author emphasizes that the introduction of the institution of private executors has become an important factor in changing the enforcement system in the direction to the European model. The manuscript is also devoted to comparing the measures and methods of enforcement of court judgments under the laws of Ukraine and France, as well as research on methods and procedures for obtaining information about the debtor's property, security measures, methods of coercion of the debtor, features of certain enforcement measures under Ukrainian and French legislation.

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