Abrosimov S. Adaptation of the civil legislation of Ukraine on sales contracts to EU legislation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103972

Applicant for

Specialization

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

30-09-2021

Specialized Academic Board

К 70.895.02

Khmelnytsky university of management and law Leonid Yuzkov

Essay

The author states that despite the long-term cooperation between Ukraine and the EU, including in terms of bringing the national legislation in the field of contractual relations into conformity, today there are still several issues that require immediate solution. In the work, the author substantiates the position on the need for systematic and adequate borrowing of the EU legal experience, even though among the requirements of the Association Agreement between Ukraine and the EU there is no indication that national civil legislation should be identical with EU legislation, it should be proportionate in scope legal guarantees and not contradict the requirements of the European legal order. The author substantiates the expediency of limiting the legal regulation of the provisions on sale and purchase in the new edition of the Civil Code of Ukraine only by general provisions on such contracts without settling certain types of sales and purchase agreements, which must be regulated exclusively at the level of special regulations. In the dissertation, the author defines the grounds and consequences of unilateral refusal from the purchase and sale agreement. The author points out the distinctive features of the cancellation of the contract of purchase and termination of the contract unilaterally by court decision, where, in order to withdraw from the contract, it is not necessary to establish the fact of violation of the contractual conditions by the counterparty under the contract, and only the will of the person himself and his need for such termination are sufficient.

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