THE LEGAL NATURE OF RISK IN CONTRACT WORK
Journal Title: Вісник Національної академії правових наук України - Year 2018, Vol 1, Issue 1
Abstract
The topicality of the stated in the article problem is determined with the risk in contracting legal relations and has a subjective-objective nature, since it includes both objective and subjective factors. The risk is regarded as a person’s ability to make a conscious choice of a particular variant of behavior, taking into account the objective and inevitable danger that threatens civil rights and interests, and the possible consequences of a probable nature. The object of the paper lies in identifying and developing scientific approaches to the legal nature of risks in contract agreements based on an imperative method as well as by agreement between the parties. The leading method of research an outlined perspective is a modeling technique by which the scientific problem of risk sharing in contract agreements is regarded as an organized and purposeful process of improvement and formation of new scientific concepts in the field of contract relationships necessary for the effective fulfillment of contractual obligations. Presented scientific ideas of authors within the conditions of modern development of civil relations includes target, methodological, informative, organizational legal and productive components. The primary ideas serve to improve the mechanism of legal regulation of contract relations in general as well as to realize the responsibility of counterparties of contract agreement.
Authors and Affiliations
Andriy Grinyak, Maryana Plenyuk
Keywords
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