INSTITUTE OF FORCE-MAJEURE CIRCUMSTANCES AND EXECUTIVE PROCEDURE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is sanctified to the pressing questions of executive procedure, system of executive procedures, to the problems of co-operation of institutes of civil law in an executive procedure, application in a legislation regulative an executive procedure, institute of force-majeure circumstances as a legal founding for the non-performance of decision to the court or another organ. The changes of current legislation are offered. An act of providence is a circumstance that eliminates responsibility of debtor on an obligation that is related to the course of business. The term of fulfilling commitment is carried during time the act of providence operates during that. Legislation about an executive procedure envisages situations, when during implementation of decisions of courts and other organs (public servants) there are certain obstacles ofproperty and unproperty character, that influence on motion of executive procedure and cause complication. Legislation about an executive procedure is in natural connection with a civil law, it inwardly is base on civil institutes, continuing them in the specific terms of application of mechanisms of a force implementation of decreets and other jurisdiction organs.At the same time practice of application of legislation about an executive procedure, and it in an equal degree touches both Law of Ukraine “On an executive procedure” from 21.04.1999 and Law of Ukraine “About an executive procedure” from 02.06.2016, testifies to the certain deficit of application of separate institutes of civil law in a legislation about an executive procedure. An institute of force-majeure circumstances (act of providence) is one of such institutes.
Authors and Affiliations
Д. М. Сібільов
Keywords
Related Articles
- EP ID EP638944
- DOI -
- Views 75
- Downloads 0
THE PROGRESS OF SOCIALLEGAL STATUTE OF MAN TRENDS ARE IN THE FIELD OF LABOU
In the article the historically-legal aspects of evolution of social position of man are investigated in the sphere of labour. The features of forming of the normative adjusting of labour rights for personality are analy...
ESSENCE CAREER IN THE ORGANS OF THE NATIONAL POLICE
In the article the essence of career in the organs of the National Police is analyzed. Тhe correlation of administrative career and officials function of civil service is examined. An institute of administrative career i...
THEORETIC AND LEGALANALYSIS OF THE ESSENTIAL FEATURES GLOBAL LEGAL SYSTEM: SOME QUESTIONS
The author makes an attempt to explore the basic laws of the formation of a global legal system, to formulate its essential characteristics and to determine trends. The legal system is a complex legal phenomenon, which s...
ON ANOTHER ATTEMPT ON IMPROVING INCENTIVE PROVISION, DESIGNED FOR PERSONS WHO HAVE COMMITTED EVASION OF TAXES AND DUTIES
The article analyzes provisions of the Bill “On Amendments to the Tax Code of Ukraine concerning the characteristics of the criminal proceeding in tax relations and issues of administering taxes and duties” in terms of i...
PROBLEMS OF THE LEGAL STATUS OF NATIONAL POLICY AS A SUBJECT TAKING PART IN FIGHT AGAINST ORGANIZED CRIME CONNECTION WITH CORRUPTION RELATIONS
The current state of development of a European-style police force in Ukraine is characterized by the need to improve the legal regulation of its individual structural units. The key to this improvement is the fact that l...