Golubeva N. Obligation in civil law of Ukraine: methodological bases of legal regulation.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0513U001078

Applicant for

Specialization

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

11-10-2013

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis provides a comprehensive analysis of theoretical and practical problems of civil binding relationships: concept and civil regulation of obligations, their object and content etc. In particular, the question of liability essence is considered, resulting to the conclusion of their consideration necessity as a sub-branch of civil law (law of obligations) and as specific civil relations. The analysis of subject, principles and functions peculiarities of the obligation law has been made. The definition of the obligation law has been proposed. The obligation notion has been determined and ways of legislative improvement of obligation definition have been proposed. The object and content as elements of obligation relationships have been examined. The correlation between the following categories has been established: «obligations object», «obligations subject», «subject of the obligations fulfillment», «subject of the contract», «object of the contract» and their scope. Different types of obligations object and their requirements have been examined. The rights and obligations of the parties’ obligations have been analyzed and the ability of separation of several kinds of obligations in binding relationship has been proved: obligations to provide (debt) that can be divided into primary and secondary, security obligations and credit obligations. The possibility of isolation in several types of party’s rights in the binding relationship has been proved: the right of the creditor, debit powers, secondary rights. The justification of non-property obligations existence, of bilateral-binding obligations has been made. In the process of examination, the civil law theory of obligations in the civil law system has been formed. "

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