The dissertation is an independent completed scientific work, which is devoted to the development of a scientific concept of risks in the civil law of Ukraine, providing proposals and recommendations for the improvement and proper application of the rules governing the risk-related relationships. In the dissertation risks in civil law are investigated from the standpoint of economic analysis of law in combination with traditional methods of legal science. The paper considers general scientific approaches to understanding risk as a social category and the formation of risk category in legal doctrine. The signs of risk are singled out and characterized and the author's definition of the term «risk» is given, which is proposed to mean a life circumstance (situation) that lasts for a certain period of time and has the following objective-subjective characteristics, such as uncertainty and probable nature of the outcome, the ability to understand risk factors, determine the degree of probability and predict possible outcomes, alternative and is able to create legal consequences as a result of interaction with other legal facts or to be a condition for the emergence of civil legal relations or an element of its content. The legal origin of the risk is determined and the relationship of risk with such
categories as legal fact, interest, subjective law and legal relationship is revealed. It is argued that the risk has a complex structure and can be considered as a legal fact, a condition for the emergence of civil legal relations or an element of their content. As a legal fact, there is a risk in the case of a direct reference in the law or contract to its ability to cause the emergence, change or termination of subjective civil rights directly, their individual empower, legal responsibilities or change civil relations. As a condition for the emergence of civil legal relations, risk is a circumstance that contributes to the emergence, change or termination of certain legal relations, is their precondition and indispensable condition of existence, but it does not generate legal consequences directly. As an element of the content of civil law, risk is manifested through the category of «right to risk», which is an independent opportunity to make risky decisions, which follows from the provisions of the law or contract.
The author's classification of risks according to various criteria is given, namely types of civil legal relations in which risk may arise - property, personal nonproperty, corporate risks. It is proposed to divide property risks into: a) property risks; b) legal risks; c) hereditary legal risks. Personal intangible risks include: a) by area of origin – risks in the humanitarian sphere, risks in the social sphere, risks in the field of intellectual activity; b) by subjects – risks, the subjects of which can be only individuals; risks to which legal entities may be subject; risks to which both individuals and legal entities can be subject. Corporate risks include property and personal non-property risks associated with participating in or managing corporate entities.
Risks in some areas of civil law have been analyzed comprehensively. The provision on the relationship between risk and civil liability is ubstantiated and additional argumentation is given for the thesis that compensation for damage caused in a state of risk can be considered both as a measure of civil liability and as a measure of protection. As a measure of civil legal liability, compensation for damage
caused in a state of risk takes place in the presence of the necessary conditions of liability, including faults, and, as a rule, creates additional property liability for the entity of risk.
Compensation for damage caused by risky activities, as a measure of protection is applied in cases of innocent damage caused by lawful conduct and does not create an additional property obligation for the risk entity. As a result of the making study, a number of conclusions, proposals and
recommendations for legal understanding, improvement of current legislation and practice of its application were formulated.
