Koucherets D. Protection and Defense of Proprietary Rights in the Field of Contractual Law: the Questions of Theory and Practice

The thesis focuses upon the protection and defense of proprietary rights in the field of contractual law. As part of the study, we have distinguished the main periods of development of legislation and contractual law doctrines. The main emphasis was made on research methods of protection and defense of proprietary rights. The thesis contains the dissertator's classification of the contractual law principles and the question dedicated to the system of contractual law principles. Moreover, the concept of civil-law relations concerning the protection of proprietary rights of individuals and legal entities in the field of contractual law was developed, the classification of subjects of legal relations was established, the distinctive features of objects and nature of legal relationsin the field of contractual law were determined. Furthermore, the thesis deals with the notion of civil transaction, offers the means of protection of proprietary interest at the stage of entering into civil transaction, develops the new means of ensuring the performance of the contractual obligations and investigates the possibilities of generalization and differentiations of rules of civil law. We have developed the new theoretical approaches in order to establish the system of protection and defense of proprietary rights in the field of contractual law and characterize its specific elements. Also we have analyzed the structure of mechanism of protection and defense and determined the specific character of its functioning at different stages of development of the contractual relationships. And finally, the peculiarities of protectionand defense of proprietary rights of the parties while entering into the agreements of different types were found: disposal and transfer of property, transfer of property into the temporary ownership, performance of work and services rendering.