Kivalova T. Obligations of damages compensation under Ukrainian civil law. Theoretical problems.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0509U000019

Applicant for

Specialization

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

22-12-2008

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis deals with the comprehensive analysis of theoretical and practical civil law matters connected with the obligation of damages compensation, namely the concept and legal regulation of obligation of damages compensation under civil law, the classification, grounds for emergence, principles and functions etc. Substantial attention was paid to the examination of the issues dealing with the understanding of the essence of obligation of damages compensation resulting in the conclusion as to its complex legal nature therefore necessitating to investigate it as an institute of law and specific legal relations of protective character. Characteristics of principles and functions of the obligations of damages compensation, conditions and grounds of their emergence were scrutinised. Existing civil constructions as well as legal categories of obligation of damages compensation associated thereof were grounded while a number of new ones were developed. The study brings forward a civil and legal theory of obligation of damages compensation in the system of the law of obligation. The definition of obligation of damages compensation as a legal institute and legal relations was propounded. Obligations of damages compensation were classified and positioned within the system of obligations."

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