Nakorchevskyi S. Subsidiary liability in the civil law of Ukraine

The dissertation is devoted to a comprehensive study of subsidiary liability in the civil law of Ukraine. The research analyzes the historical and legal preconditions for the formation of this institution and reveals its essence, legal nature, content, grounds, and conditions for application. It is substantiated that subsidiary liability is a specific type of civil liability of an additional proprietary nature aimed at protecting the creditor’s interests in the event of non-performance or improper performance of an obligation by the principal debtor. The study identifies the range of subjects involved, the peculiarities of determining the amount of such liability, and its correlation with other types of civil liability. A classification of the types of subsidiary liability is proposed, and the specific features of its application to natural persons, legal entities, and the state are determined. The importance of insufficiency of the principal debtor’s property as a condition for its application is proved. Proposals for improving the civil legislation of Ukraine are formulated.