Sirko R. Civil law regulation of relations arising from rail transport: theory and practice.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U102110

Applicant for

Specialization

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

24-12-2021

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

The dissertation is the first special study in domestic science, in which on the basis of a comprehensive scientific analysis of regulatory and law enforcement problems developed and substantiated the concept of legal relations arising from rail transport, taking into account European legal standards in the field of rail transport to ensure legal rights and legally protected interests of participants in legal relations arising from transportation by rail. The concept of legal relations arising from transportation by rail is formulated. A conceptual approach to the concept and content of legal relations, based on the definition of certain terminological concepts, as well as the content of certain civil relations, in particular, legal relations for the transportation of "objects of transportation" by rail, we propose to use the terms: "legal relations arising from transportation "railway transport" and "civil protection of relations by rail", which in turn will allow scientists in research in the field of rail transport to more specifically correlate or distinguish between the categories of "protection" and "protection" of relations arising from rail transport . At the same time, the theoretical aspects of the use of these terminological definitions will create positive and favorable conditions for analysis and proposals for improving Ukrainian legislation governing civil law relations in the field of transport, including rail transport. Given the existence of the phenomenon denoted by these terms, the numerous interrelationships that exist between the subjects, the object and the content of the legal relationship arising from the carriage of rail transport are studied. The notion of legal relations arising from the transportation of "objects of transportation" by rail, their legal nature and grounds. It is noted that the relations that arise between the parties to the contracts of carriage of "objects of transportation" by rail, are mainly civil law relations, in connection with which they have all the basic features of civil law. The main and specific features of legal relations arising from the transportation of "objects of transportation" by rail are: materiality, spaciousness, quantity, good faith, proper performance, responsibility, security, and so on.

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