Berveno S. Difficulties of the law of contracts in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0506U000655

Applicant for

Specialization

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

22-11-2006

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis aims to prove the necessity of merging various legal provisions regulating contractual relations between different subjects of civil law into a general multi-faceted institution, which forms part of the law of transactions. It provides a description of the sources of contracts and establishes their legal characteristics. It determines the principles of the contractual legal provisions, in particular those of fairness, good faith, intelligence and freedom of contracts. It examines the specific functioning of the contractual transactions during the stages of their conclusion, execution and during non-performance. Following the analysis, gaps and contradictions in the regulation of contractual relations are discovered and suggestions as to improving the use of contractual legal provisions and contracts regulation are explained. Also, proposals are made as to developing theoretic foundations of the law of contracts and as to upgrading the current legislation and its implementation.

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