UNIVERSAL TEMPORAL LIMITATIONS ON CONTENT OF OBLIGATIONS
Journal Title: Часопис цивілістики - Year 2018, Vol 31, Issue
Abstract
The article contains a study of the legal time in the universal general provisions of the mandatory law as a social and legal phenomenon, which ensures the efficiency of civilian turnover, disciplines the participants of social relations, creates prerequisites for a compromise solution of the question of conflict of interests in different planes of human existence. A systematic study of a significant part of the legal institutions of the universal provisions of obligatory law in the framework of civil law and related branches for the purpose of determining the place of temporal values as part of the corresponding mechanism of legal regulation was carried out. There are delimited time limits for the implementation of the content of the legal relationship within the framework of the sub-institutions for fulfilling the obligation, among which a separate place is provided for ways to ensure fulfillment of obligations. Among the latter, more detailed study has been questioned on the temporal restrictions on the exercise of subjective rights and the fulfillment of subjective obligations in mortgage relationships on the basis of the results of the study of normative regulations of the Civil Code of Ukraine, as well as special regulations, taking into account the differentiation of such a way to ensure compliance with the obligations of species. In describing the place of temporary categories within the framework of the termination of obligations, based on the study of related branches of law and regulatory requirements of other countries in this area, formulated regulatory proposals for improving the domestic legislation in this area. Correspondingly, proposals are made to improve the provisions of economic legislation within the general provisions on economic-legal obligations. The direct, indirect and rapid fixing of temporal categories in the structure of the mechanism of legal regulation of obligatory relations is established, as well as special legal regulation of such relations is provided with regard to the separate legal regime defined by special legislation.
Authors and Affiliations
Віктор Петрович Маковій
Keywords
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