Basay O. The General Fundamentals (principles) of Civil Legislation of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0514U000442

Applicant for

Specialization

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

13-06-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis contains comprehensive analysis of theoretical and practical problems of general fundamentals (principles) of civil legislation of Ukraine and definition of perspectives of improvement of fundamentals of civil legislation of Ukraine for harmonization and improvement of legal regulation of civil relations. The development perspectives issue of the doctrine of principles of civil law andgeneral fundamentals of civil legislation are researched in the article. The definition, features and functions of principles of civil law are defined. Classification of principles of civil law is provided. The enforcement meaning of principles of civil law has been analysed. The essence of general fundamentals (principles) of civil legislation is substantiated. Correlation between general fundamentals of civil legislation and principles of civil law is determined. The system ofgeneral fundamentals of civil law and other principles, contained in the civil legislation is studied. The content of general fundamentals of civil legislation is characterized: inadmissibility of arbitrary interference in the sphere of private life of a person;inadmissibility of deprivation of ownership, except as prescribed by the Constitution of Ukraine and the law; freedom of contract; freedom of businessactivity that is not prohibited by the law; judicial protection of civil rightsand interests; justice, good faith and reasonableness.

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