Pestruiev D. Obligations that arise as a consequenceof actions taken in the property interests of another without instruction, under Ukrainian and Polish law

The thesis is the first in the Ukrainian science of civil law special comprehensive study of obligations that arise as a consequence of actions taken in the property interests of another without instruction, under Ukrainian and Polish law. As part of the study, a comprehensive analysis of the legislation and legal practice on these obligations in Ukraine and Poland was carried out. It has been established that the category of committing actions in the property interests of another person without his / her mandate (actions without mandate), has been relatively recently introduced in Ukrainian legislation. Therefore, it is not possible to count so many civil scientific researches of the problems connected with the mentioned sphere. In particular, this concerns understanding of the legal nature of the category of committing actions in the property interests of another person without his / her mandate, analyzing of actions without mandate as the basis for the relevant civil obligations, determining the admissibility, limits and consequences of interference in the property interests of another person, as well as the principles of regulation of these relations. During the research it has been determined that because of modern integration processes the study of the experience of other countries in this field becomes especially relevant, which gives the opportunity to choose the optimal solutions for improving the national civil legislation. Obligations arising from the actions without mandate are in the legal systems of many European countries, among which the closest and most interesting for Ukraine is the legal system of Poland. The need of research and comparison of legislation in this area is important because the positive experience of legal regulation of similar social relations makes it possible to improve Ukrainian legislation in the process of adaptation of national civil law to private law of the European Union. At the same time, it is important to analyze the vision of the place of the relevant institution in the system of national civil law, as this reflects the concept of the institution itself and civil law in general.