Fedorchenko N. Service obligations in civil law Ukraine: theoretical and legal principles

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0515U000918

Applicant for

Specialization

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

18-11-2015

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 research is dedicated to developing scientifically grounded concept of contractual regulation of relations with the provision of services. The paper defined the historical development of the institution obligations to provide services in the domestic law, the main approaches embodied in the legislation of foreign countries regarding contractual regulation of relations with the provision of services have been described. A common signs of obligations to provide services have been offered as well as singled out in the system of contractual obligations of service contracts. The system of contracts, mediating service obligations has been defined, the distinction between service contracts and other contractual structures has been clarified in the research given. The thesis provides possible obligations to provide services, the problems of shaping the content of service contracts have been set in addition to the evaluation of proper enforcement of commitments to provide services. The peculiarities of conclusion and implementation of commitments on services have been defined, civil liability and other legal consequences that come in case of failure have been classified. There is a set of legal consequences of obligations' breach to provide services which are related to the possibility of applying by a creditor the ways to protect the rights in accordance with the law or the contract. The ideas for improving the mechanism of legal regulation of relations in service delivery have been suggested in the thesis.

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