A money loan agreement is an independent type of civil law contract. It is described by one-sided obligations of the parties, reality, dispositive payment, and dispositive urgency. The paper provides a comprehensive study of the loan agreement, in particular the money loan agreement, solving theoretical and practical problems of legal regulation of the institution of loan obligations. The analysis of judicial practice and civil law legislation of Ukraine regulating the institution of credit is carried out. The genesis of the concept and features of the development of loan relations and the money loan agreement, its correlation with the loan agreement, are clarified. Based on the conducted research, theoretical conclusions are formulated and proposals are developed to improve the legal regulation of relations arising based on a loan agreement. It was stated that since the adoption of the European integration course by Ukraine, relations are increasingly developing, based on which loan agreements and credit agreements in particular are concluded. To overcome differences in their application, it is necessary to provide the loan agreement with the Civil Code of Ukraine with positive legal regulation so as not to apply the reference rules that relate to the loan agreement.
National and international courts are increasingly turning to generally recognised international legal principles to regulate private law relations. This is necessitated, in particular, by the fact that the issues and disputes that modern participants in private law relations address to the courts are becoming more widespread. Thus, the practice of international justice and justice in Ukraine demonstrates that such international principles as the principle of justice, equality, non-discrimination, evolutionary interpretation, proportionality, legal certainty, and the rule of law are increasingly used in dispute resolution. This study investigated the application of international principles in private law relations. Based on the general legal research methods, the nature of international legal principles was analysed, the study considered their application in the above-mentioned Ukrainian court cases to the European Court of Human Rights, as well as the Constitutional and Anti-Corruption Courts of Ukraine. The study investigated the judicial practice of the European Court of Human Rights, whose decisions raise the issue of violation of rights and fundamental freedoms stipulated in the Convention for the Protection of Human Rights and Fundamental Freedoms and non-compliance with basic international legal principles, as well as highlighted the main trends of these disputes. Based on the results of the analysis, the study identified an insufficient level of the content specification regarding the principle of the rule of law and its features in the current legislation of Ukraine, which must be properly observed by both state authorities and citizens of Ukraine. Based on the conducted research, the authors formulated their scientific positions and conclusions aimed at improving the system of principles of private law relations
The article deals with the legal nature of an inheritance contract, specifies the essential terms of an agreement as well as the legal status of the parties under the legislation of Ukraine and the European Union. The significance of the inheritance contract in the system of contracts of civil law of Ukraine is analyzed. It is proved that the legal relations arising in the case of entering into an inheritance agreement are also regulated by the general provisions of the Civil Code of Ukraine on transactions. Chapter 90 of the Civil Code of Ukraine stipulates that the inheritance contract should contain a binding legal model and a succession model. Having examined the legislation of Ukraine, it is concluded that the inheritance contract should be considered as a part of contract law. This contract regulates the transfer of property. Despite the fact that the inheritance agreement is included in the sixth book of the Civil Code of Ukraine, and despite the name of the agreement, the legal relationship of inheritance in this case does not arise. The similarity of the inheritance agreement with succession reveals in the commonality of the main legal basis for the right to inherit from the heirs and the acquirer’s right to ownership that occurs in the case the death of a natural person – the alienator. It is found out that according to the provisions of the Civil Code of Ukraine, the essence of the inheritance contract is that such an agreement defines the disposal of the alienator’s property during his lifetime, but with the acquirer’s acquisition of the right to property after the alienator’s death. The feature of an inheritance contract is that the property that is the subject matter of the inheritance agreement is not applicable to the norm ensuring the right to a mandatory share in the heritage. The comparative analysis of the institute of the inheritance agreement by the legislations of Ukraine and Germany is carried out. To be specific, the legal essence of the inheritance agreement is determined, the problems of concluding and terminating the inheritance contract are investigated, as well as the gaps concerning this legal structure in the domestic judicial system are discovered. It is also defined that the inheritance agreement was approved and received its further development in German law. According to the doctrine of German law, the legal nature of this type of agreement is that, on the one hand, it is an order in case of death, and, accordingly, is one of the grounds of inheritance, and, on the other hand, it is a contract, i.e. agreement of the parties on the heritage right in favour of a certain person, preventing it from unilateral change or cancellation. The inheritance contract in German law has the following features, including: 1) it is an order in case of death; 2) it is a bilateral transaction, i.e. agreement; 3) the subject matter of the contract is the right of inheritance; 4) the inheritance contract is one of the grounds for inheritance.
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