Prymak V. Theoretical problems of compensation for moral damage on the basis of justice, reasonableness and good faith

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0515U000115

Applicant for

Specialization

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

06-02-2015

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 thesis formulated scientific concept of direct predetermination by principles of justice, reasonableness and good faith all components of the legal regulation mechanism within relationships on compensation for moral damage. Exposed impact of the principles on legislative establishment of compensation for moral damage as an independent way of civil rights and interests protection, determined scope of its doing; peculiarities of expression for grounds and conditions to compensation for moral damage; establishing adequate compensation's sums for moral damage. Found inseparable combination of private (non-pecuniary right) and public (imperatives of justice, reasonableness and good faith) objects of legal protection that having carried out by legal means inherent to the institute of compensation for moral damage. Determined the essence, content and forms of expression to compensation for moral damage; extent of compensation for moral damage in case of breach of contractual obligations; features of the legal status of participants in relations on compensation for moral damage; criteria of determining the amount of proper compensation.

Files

Similar theses