Grynko S. Reception of Roman private law tort liabilities in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0513U000449

Applicant for

Specialization

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

26-04-2013

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The dissertation is dedicated to elaboration of the peculiarities of tort liabilities in Roman law and modern civil law of Ukraine, as well as to creation of the common concept of legal regulation of tort liabilities in Ukraine on the basis of Roman private law reception. The stages of tort liabilities concept formation in Roman law have been specified. The notion and the essence of tort liabilities in Roman law and modern civil law of Ukraine have been determined. The influence of Roman jurisprudence ideas on formation of the modern concept of subjective contents of tort liabilities have been shown. Conceptual grounds of determining the reasons and conditions for creation of tort liabilities have been specified. Objective (lesion, unlawful conduct of harm-doer, cause and effect relationship) and subjective (guilt) conditions of tort liabilities creation in Roman private law and their modern concept in Ukrainian civil law have been revealed. Similarities and differences in grounds for release from responsibility to compensate loss under Roman law and modern Ukrainian civil law have been specified. The impact of Roman private law on construction of modern system of tort liabilities in Ukraine has been researched. Concrete suggestions and recommendations concerning streamlining of legal regulation of tort liabilities in Ukraine have been made

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