Subject of a civil contract

Olha Moroz
2020 Law and innovations  
Problem statement. Due to the market transformations that have occurred recently in the economy of Ukraine, the opportunities of participants in property turnover regarding the freedom to conclude various types of contracts have significantly expanded. When concluding civil law contracts, a number of questions arise related to the definition of its subject. The purpose of this work is a General study and analysis of the subject of a civil contract. To achieve this goal, it is necessary to solve
more » ... the following tasks: 1) to perform a legal analysis of such an essential condition of a civil contract as the conditions on the subject of the contract; 2) to study the debatable theoretical aspects of understanding the subject of a civil contract, which will reveal its essence and analyze its constituent elements; 3) to establish the subject of certain types of civil contracts. Analysis of recent research. The problem of contractual legal relations has been studied in the scientific works of both Ukrainian and foreign civil scientists in various aspects. M. M. Agarkov, M. I. Braginsky, V. V. Vetriansky, O. O. Krasavchikov, V. V. Luts, G. F. Shershenevich and others made a significant contribution in this area. However, the subject of the civil contract is poorly covered, it is quite relevant and requires further research. Presentation of the main material. The article provides a legal analysis of such an essential condition of a civil contract as the conditions on the subject of the contract. The author studies debatable theoretical aspects of understanding the subject of a civil contract, which allowed to reveal its essence and analyze its constituent elements. The subject of certain types of civil contracts is established. Conclusions. So, a detailed analysis of such an essential condition of a civil contract as the conditions on the subject of the contract is of great scientific and practical importance, since the legislator does not sufficiently regulate this issue, in particular, the subject of certain types of civil contracts is not defined at the legislative level, which hinders the possibility of proper protection of the rights of the parties.
doi:10.37772/2518-1718-2020-1(29)-6 fatcat:goz2gbtronfb3gihmkwwxjsqnm