Безоплатний характер договору позички
Gratuitous nature of loan agreement
Author(s): O. NochovkinaSubject(s): Civil Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: gratuitousness; reciprocity; loan; loaner; borrower
Summary/Abstract: In the article the problems of action of the inherited law are analysed onterritories, having litigions legal status. Taking in accodians positions of internationallaw documents, legislation of Ukraine and Russian Federation, the questions ofrealization and defence of the inherited rights are lighted up.Since March, 2014 in Ukraine because of action of aggressive factors ofexternal and internal character there are territorial changes. In composition Ukraine isterritory with litigions status. It above all things is republic Crimea and Sevastopol,separate districts of the Donetsk and Lugansk regions of Ukraine.An author analyses the problems of modern legal status of ARK andSevastopol.In the field of civil law there was a conflict of Russian and Ukrainianjurisdictions. It negatively will affect property turn, inherited rights.It registers in the article, that annexation of Crimea violates internationalagreements and norms of international. Including in the complement of RF of Crimeaand Sevastopol did not get neither international nor foreign confession, accordinglyfor other countries and their jurisdictions, including in the field of the inherited right,application on these territories of the Russian legislation will not have lawconsequences, including in part of relations of property and inheritance.At the same time, on territory of Crimea in certain will be used inherited rightsfor Ukraine, that also found a reflection in the article. In the case of opening ofinheritance to March, 16 of 2014 subject in any case to application civil legislation ofUkraine.
Journal: Теорія і практика правознавства
- Issue Year: 1/2015
- Issue No: 07
- Page Range: 10-10
- Page Count: 9
- Language: Ukrainian