FEATURES OF THE CIVIL RESPONSIBILITY OF THE BORRIS FOR THE ACTION OF THIRD PARTIES (ST. 618 OF THE CC OF UKRAINE)
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the analysis of the legal nature of this type of responsibility as the responsibility for the actions of a third person (Article 618 of the Civil Code of Ukraine). The author pays much attention to the notion of civil liability, as well as to third parties as a legal category, in particular, the features that are characteristic for such subjects of civil legal relations are distinguished. As a result of the analysis of the forms of participation of third parties in the obligatory nature of relations, and in general, the characteristics that are characteristic of such entities it is concluded that the investigated type of civil liability arises in the presence of appropriate conditions within the legal relationship, which is mediated by the implementation of the duty of the debtor to a third person (Part 1 of Article 528 of the Civil Code of Ukraine). At the same time, the participation of third parties in the performance of duty instead of the debtor in their own interests (Part 3 of Article 528 of the Civil Code of Ukraine), due to the specificity of such relationships, excludes the onset of the type of liability considered. Appropriate amendments and additions to the Central Committee of Ukraine are proposed.
Authors and Affiliations
О. Я. Кузьмич
Keywords
Related Articles
- EP ID EP477667
- DOI -
- Views 84
- Downloads 0
PROCEDURAL ORDER A LAWYER AS EVIDENCE OF CIRCUMSTANCES THAT ARE RELEVANT TO REFUTE THE SUSPICION (CHARGES)
The article deals with procedural arrangements for participation of defense counsel in the proof of the circumstances that are relevant to refute suspicions (accusation). Sets out the circumstances which are subject to p...
CRIMINAL LEGAL NATURE OF COMPASSIONATE RELEASE
The article highlights the issue of the criminal law nature of compassionate release, the analysis of criminal and criminal – executive legislation of Ukraine and other European countries, which regulates the procedure f...
PRACTICAL AND THEORETICAL BASES FOR COLLECTING ALIMONY FUNDS IN THE FAMILY LAW OF UKRAINE
This article deals with separate aspects of the issue of leasing funds, through analysis of changes in the Family Law, preceding the modification of the process of accruing child support. The issue of changing the size o...
TRADE UNIONS IS THE LEADING ORGAN OF SOCIALADMINISTRATION OF LABOR PROTECTION IN UKRAINE
The questions related to the analysis of the role of trade unions in the area social administration of labor protection in Ukraine. Based on the analysis of regulations is defined by two groups of trade unions powers – g...
WAYS OF IMPROVEMENT OF CRIMINAL LEGISLATION OF UKRAINE AS TO THE LIABILITY IN THE SPHERE OF BANKING
The article is devoted to issues of criminal legal protection of banking in Ukraine. Investigated the current criminal legislation of Ukraine which establishes the liability for crimes in the sphere of banking and crimin...