INSTITUTE OF FORCE-MAJEURE CIRCUMSTANCES AND EXECUTIVE PROCEDURE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is sanctified to the pressing questions of executive procedure, system of executive procedures, to the problems of co-operation of institutes of civil law in an executive procedure, application in a legislation regulative an executive procedure, institute of force-majeure circumstances as a legal founding for the non-performance of decision to the court or another organ. The changes of current legislation are offered. An act of providence is a circumstance that eliminates responsibility of debtor on an obligation that is related to the course of business. The term of fulfilling commitment is carried during time the act of providence operates during that. Legislation about an executive procedure envisages situations, when during implementation of decisions of courts and other organs (public servants) there are certain obstacles ofproperty and unproperty character, that influence on motion of executive procedure and cause complication. Legislation about an executive procedure is in natural connection with a civil law, it inwardly is base on civil institutes, continuing them in the specific terms of application of mechanisms of a force implementation of decreets and other jurisdiction organs.At the same time practice of application of legislation about an executive procedure, and it in an equal degree touches both Law of Ukraine “On an executive procedure” from 21.04.1999 and Law of Ukraine “About an executive procedure” from 02.06.2016, testifies to the certain deficit of application of separate institutes of civil law in a legislation about an executive procedure. An institute of force-majeure circumstances (act of providence) is one of such institutes.
Authors and Affiliations
Д. М. Сібільов
Keywords
Related Articles
- EP ID EP638944
- DOI -
- Views 91
- Downloads 0
FEATURES OF LEGAL REGULATION OF LEGISLATION OF UKRAINE TO PROTECT THE RIGHTS OF FOREIGNERS AND STATELESS PERSONS
This article is devoted to analysis of legislation of Ukraine to protect the rights of foreigners and stateless persons. Thus foreigners recognized as citizens permanently or temporarily residing or staying in Ukraine be...
MANAGING UKRAINE’S PROSECUTORS: THE ROLE OF THE MANAGER
The article deals with the legal status, role and functions of the head in the management of the personnel of the Prosecutor’s Office of Ukraine. The general theoretical concepts of manager and management in the prosecut...
STATE TAX POLICY AS A THEORETICAL AND LEGAL CATEGORY
The article analyzes the theoretical basis of tax policy through the examination of scientific concepts and theoretical views on the implementation of the state tax policy; definition of the place of tax policy in the na...
ABOUT THE STATE SUPPORT OF BIOFUEL PRODUCTION BY AGRICULTURAL PRODUCERS: ORGANIZATIONAL AND LEGAL ISSUES
In carrying out production and business activities, agricultural producers can deal with including the production of biofuels, – solid, liquid or gas fuel made from biologically renewable resources (biomass) that can be...
CRIMINAL PROHIBITIONS ILLEGAL ACTIONS OF INFORMATION CONSTITUTING BANK SECRECY
We study the conditioning of criminal law banning illegal actions with the information constituting bank secrecy. The necessity of the criminal law protection of banking secrecy, which is owned by individuals, which may...