Infopaket

Contract law: doctrine and legal practice

ВБ.01.04.22

Вибіркова дисципліна для ОП

Second

2022/2023

3 Semester

4

Achievement of various competencies by students, in particular the ability to conduct research at the appropriate level on various issues of contract law; Ability to generate new ideas related to civil regulation of contract law; Ability to work in an international context on various topical issues of contract law; Ability to apply the principles of the rule of law to solve complex problems and problems, including in situations of legal uncertainty, in solving problems of civil law regulation

To know the main aspects of the historical formation and development of contract law in Ukraine, the legal nature of contractual rights, the basic principles of their implementation and remedies, literary sources on contract law, acts of civil legislation of Ukraine regulating contractual relations, and the existing judicial practice of resolving civil disputes in these areas. - properly master the basic principles of legislative regulation of contractual obligations, identify problematic issues that arise both in theory and in law enforcement, learn to solve, propose alternative solutions to these or other issues in the absence of legislative regulation. - Possess basic skills in working with educational and regulatory literature, applying scientific methods of cognition and legal methods of resolving controversial practical situations in the field of contract law and real estate transactions.

The discipline covers the following issues based on the principle of architectonics: a) general characteristics of contractual obligations; b) types of civil law contracts as the basis for contractual obligations; d) enforcement of contractual obligations; e) general characteristics and types of real estate transactions. Students will acquire in-depth knowledge of contractual obligations in Ukraine and the peculiarities of real estate transactions in the context of reforming and improving civil legislation. The course of the discipline provides for an intensive study of contract law and real estate transactions by students comparing its provisions with the relevant provisions of civil laws and doctrines of other developed countries, as well as its interaction with international legal norms.

1. Bodnar T.V. Contractual obligations in civil law (general provisions): Study guide. - K.: Justinian, 2007. - 280 p. 2. Bodnar T.V. Categories of "non-fulfillment", "improper fulfillment" and "impossibility of fulfillment" in the law of obligations of Ukraine // Bulletin of the Odesa Institute of Internal Affairs. 2004. - No. 3 (part 1). - pp. 20-28. 3. Bodnar T.V. Confirmation of fulfillment of contractual obligations // Yurydychna Ukraina - 2004. - No. 12. - P. 37-42. 4. Otradnova O.O. Penalty in civil law: Author's dissertation... Cand: 12.00.03; Taras Shevchenko National University of Kyiv - Kyiv, 2002. 20 p. 5. Tsiura V.V. The concept of "property" (possessions) and its interpretation (qualification) in the light of the practice of the European Court of Human Rights // Entrepreneurship, economy and rights, 2020, No. 8. С.54-61.

Lectures, seminars, independent work of students based on textbooks, notes, methodological recommendations, consultations with the teacher

Speech at the class - from 12 to 8 points; additions to the speech - from 4 to 8 points; essential questions to the speakers (discourse) - from 2 to 4 points; reports and research papers - from 5 to 9 points; solving a case - from 2 to 5; two final (module) tests - from 5 to 7 points each (total: from 10 to 14 points). Students may make up seminars missed for valid reasons. A student who has not reached the minimum threshold grade level (24 points) for those learning outcomes that cannot be assessed during the final examination may not be allowed to take the final examination. The final assessment of student knowledge takes place during a written exam (maximum score - 60).

Ukrainian