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Lectute 4 Bases of civil law of Ukraine (englis...doc
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4. Types (forms) of property in Ukraine

According to the Constitution of Ukraine there are such types (forms) of property, which are equal:

  1. a property of ukrainian people are air space, natural resources etc;

  2. a private property is property of natural persons (citizens, foreigners, persons without citizenship) and also property of non-state legal persons;

  3. a national domain is property of Ukraine for implementation the functions of the state. The national domain is divided into national and communal (property of territorial communities of administrative-territorial units);

  4. collective property is property of group of people.

According to the Civil code of Ukraine there are such types of the right of ownership:

  • right of ownership of ukrainian people (article 324);

  • right of private ownership (article 325);

  • right of national domain (article 326);

  • right of communal ownership (article 327).

5. Notion and types of civil contracts

A contract is an agreement (legal transaction) between two or more parties (sides), which establishes, changes or stops civil right and duties.

The contract must be in accordance with requirements of law. In this case it is actual and has proper legal force.

There are such types of contracts:

  1. according to the term: for a fixed period and permanent;

  2. according to the payment: payment and gratis;

  3. according to the contents: contract of purchase-sale, contract of donation, contract of lease etc.;

  4. according to the form of conclusion: verbal, in writing (simple written and notarial valid);

  5. according to the division of rights and duties: unilateral (onesided), bilateral and multilateral;

  6. according to the moment of acquisition of legal force: real and consensus.

A contract is unilateral (onesided), if one side has the duty to do definite actions or restrain from them before the second side, and the second side has the right to require only, without the obligation before the first side.

An agreement is bilateral, if both sides of contract have rights and duties.

The real contracts are such contracts, which acquire a legal value only from the moment of actual transmission of thing from one side to another.

Consensus contracts are contracts, which acquire a legal value from the moment of attainment of consent/agreement between sides in all substantial conditions.

Substantial conditions are conditions, which are determined in law, and also conditions, on which parties (sides) insist.

The notarial certification of the written contracts is obligatory, when it is obligatory in accordance with law.

The Civil code of Ukraine characterizes more than 20 different types of contracts, for example: contract of purchase-sale, contract of lease, contract of debt (loan), contract of donation etc.

6. Notion and types of civil responsibility

Civil responsibility is a type of legal responsibility of natural or legal person for contractual infliction, for property harm and violation of the personal non-property rights.

Civil responsibility has such features:

  1. property character;

  2. compensative character (renewal of the broken property or personal non-property rights);

  3. optional character for offenders, because, as a rule, a debtor are not relieved from fulfilment of liabilities.

There are such types of civil responsibility:

  1. contractual and non-contractual;

  2. partial;

  3. solidary (collective);

  4. responsibility of main and additional debtor.

Contractual responsibility comes as a result of breach of contract.

Non-contractual responsibility comes for harm, when there are no contractual relations between offender and civil offence victim.

Partial responsibility means that each of participants of contract responds in the limits of part, which is determined by law or contract.

Solidary (collective) responsibility means that a creditor has right to hold responsible both debtors together or each of them separately, both fully or in part of debt.

Responsibility of main and additional debtor foresees existence of main and additional debtor. When main debtor can not be responsible for damage, the additional debtor will be responsible.

The main ground (reason) of civil responsibility is a presents of composition of civil offence in actions, which includes:

  1. illegality of action;

  2. presence of property harm or damage;

  3. misdemeanour (guilt) of offenders;

  4. causal connection between illegal actions and harmful consequences.

Damage is the negative consequences for civil offence victim.

There is a compensation of moral harm in civil law.

Moral harm consists of:

1) the physical pain and suffering that a natural person received because of injury or other damage of health;

2) the mental suffering that a natural person received because of illegal conduct to her or him, her or him family or near relation;

3) the mental suffering that a natural person received because of destruction or damage of her or him property;

4) the humiliation of honour, dignity and also business reputation of natural or legal person.

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