Lukasevych-Krutnyk I. Contractual Obligations for Providing Transport Services in Civil Law of Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U100032

Applicant for

Specialization

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

21-12-2019

Specialized Academic Board

Д 58.082.04

Ternopil National Economic University

Essay

The urgency of the scientific work’s topic is caused by the necessity for a systematic study of contractual obligations to provide transport services in the national doctrine of civil law. The dissertation proposes conceptually new approaches to improve the mechanism of contractual relation regulations with the provision of transport services, solving important theoretical and applied problems in this area. The paper examines the genesis of contractual commitments for the provision of transport services and defines a system of contracts that mediate such obligations. Considerable attention is paid to the general characteristics of the investigated commitments, their dynamics and the legal consequences in case of violation. The coverage of theoretical issues is closely linked to the analysis of the practice of the Ukrainian courts and the European Court of Human Rights, which provides works with practical value. The dissertation proposes the concept of a contractual obligation to provide transport services as a legal relationship that mediates the provision of passenger, baggage, cargo, etc. using a vehicle as a source of high risk or the organization of such a process in which the debtor is obliged to do the lender of the action (activity) or refrain from committing them, and the lender has the right to demand from the debtor the performance of his duty.

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