On ways to protect the rights of the parties to the contract: Based on the Supreme Court of Ukraine practice

Authors

  • Olha Zozuliak
  • Iryna Banasevych
  • Oksana Oliinyk
  • Uliana Gryshko

Keywords:

Human rights, Civil law, Obligations, Legitimate interests, Legal liability

Abstract

The article considers ways to protect the rights of the parties to a contract in resolving their disputes based on the application of the Supreme Court of Ukraine practice. The institution for the protection of civil rights is inextricably linked with the institution for the exercise of civil rights since a clear civil turnover implies not only the recognition of certain civil rights for subjects but also ensuring
their reliable legal protection. For that reason, the relevance of the research lies in the fact that the conclusions and proposals will considerably improve the effectiveness of human rights activities and the quality of providing legal assistance to subjects of civil law relations. Considering the above, the purpose of the study is to analyse the doctrinal and regulatory aspects of ways to protect the rights of the parties to the contract during resolving their disputes and determine the main trends in the practice of the Supreme Court of Ukraine on this problem. The main methods used in the study of ways to protect the rights of the parties to the contract are observation, empirical description, and experiment. The main results of the study are the construction of national civil law on the pandect system by separating the general and special parts to determine the correct application in judicial practice of general and special provisions of the Code, which regulate certain legal institutions.

Author Biographies

Olha Zozuliak

Full Doctor in Law, Professor at the Department of Civil Law of the Vasyl Stefanyk Precarpathian National University, 76000, 57 Shevchenko Str., Ivano-Frankivsk, Ukraine. Scientific interests: civil law, corporate law, inheritance law, and contract law.

Iryna Banasevych

PhD in Law, Associate Professor at the Department of Civil Law of the Vasyl Stefanyk Precarpathian National University, 76000, 57 Shevchenko Str., Ivano-Frankivsk, Ukraine. Scientific interests: civil law and consumer protection.

Oksana Oliinyk

PhD in Law, Head’s Assistant at the Department of Civil Law of the Vasyl Stefanyk Precarpathian National University, 76000, 57 Shevchenko Str., Ivano-Frankivsk, Ukraine. Scientific interests: civil law.

Uliana Gryshko

PhD in Law, Lecturer at the Department of Civil Law of the Vasyl Stefanyk Precarpathian National University, 76000, 57 Shevchenko Str., Ivano-Frankivsk, Ukraine. Scientific interests: civil law.

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Published

2023-05-03

Issue

Section

Artigos