Otradnova O. Mechanism of civil regulation of torts.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0514U000690

Applicant for

Specialization

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

11-11-2014

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to the most important theoretical and practical problems of mechanism of civil regulation of torts improvement. Identifed general scientific approaches to understanding the category of Legal regulation Mechanism. Disclosed the notion of "Mechanism of civil regulation of torts" and it's elements. Analyzed the phases of civil regulation of torts and elements of civil regulation mechanism, correlated to eache phase. Defined a system of regulators in the mechanism of civil regulation of torts which includes legal rules, principles, presumptions and a contract. Explored the specialities of legal facts in the mechanism of civil regulation of torts. Argumented a conclusion of enexpedience to define a corpus delicti as a basement of tort. Analysed special features of tort obligation as civil relation and a correlation between terms "tort obligation" and "tort liability". Studied the acts of personal rights realization in the mechanism of civil regulation of torts. Based on the research formulated a range of conclusions, suggestions and recommendations for improving the law and the legislation of Ukraine.

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