ОСНОВНІ ШЛЯХИ УДОСКОНАЛЕННЯ УКЛАДЕННЯ ПРАВОЧИНІВ.

Autor: Я. В., Фляжнікова, Т. М., Юзько
Předmět:
Zdroj: Uzhhorod National University Herald Series Law; 2024, Vol. 83 Issue 1, p267-271, 5p
Abstrakt: This article is devoted to consideration and proposals regarding the main ways of improving the conclusion of transactions in civil law. The deed in civil law is considered as the main element of annulment, change, or termination of civil legal relations between their participants. The article draws attention to the peculiarities of the conclusion of deeds, and also considers the difficulties that arise in judicial practice in distinguishing the concept of “deeds” from related concepts. At the same time, this article analyzes some aspects of judicial practice arising from the problem of understanding and defining unilateral transactions, where it is noted that they include: issuance and cancellation of a power of attorney; acceptance or preservation of the done thing; notification by one co-owner to other co-owners about the sale of their share in joint ownership; property sale proposal; a public promise of a reward for finding a lost thing; drawing up, changing and revoking a will; acceptance of inheritance and rejection of it, etc. Also, this article takes into account the fact that when considering disputes about the invalidity of transactions, courts need to distinguish between invalid and unconcluded transactions, that is, those that do not have the necessary conditions for their conclusion established by law (for example, there is no agreement on all the essential conditions provided for by law. In the conclusions, the main ways of improving the conclusion of transactions are proposed, which include the following: economic - the conclusion of transactions is carried out in order to ensure and improve the state of the general economy of the country; political - the conclusion of transactions in civil law between participants in civil legal relations ensures the general well-being of the state and the well-being of society in general; social – the conclusion of transactions between participants in civil legal relations is determined by the social policy of the state, where the legal status of a person and a citizen plays a significant role; legal - the conclusion of transactions in civil law is determined by legal aspects, where transactions are concluded between participants in civil legal relations in accordance with the current provisions of normative legal acts; cultural - it is planned to carry out cultural and educational work, which will involve the implementation of certain measures that will have a positive effect on the improvement of the procedure for concluding transactions between participants in civil legal relations in accordance with the requirements of current legislation. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index