Infopaket

Liability for damage

ВБ.01.02.02

Вибіркова дисципліна для ОП

First

2022/2023

8 Semester

4

Achievement by students of such competencies, as: the ability to abstract thinking, analysis and synthesis through the prism of provisions and knowledge from the obligatory right to harm; the ability to use information and communication technologies in the study of obligations to cause harm; the ability to exercise rights and obligations within a specific tort obligation with an awareness of the values of civil society and the rule of law; the ability to apply general and special knowledge of the theory of tort obligations; knowledge and understanding of international standards for compensation for wrongfully inflicted damage, the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the approaches of the European Court of Human Rights to compensation for wrongfully inflicted damage; knowledge and understanding of the peculiarities of the implementation and application of substantive and procedural law in damage obligations.

Distance form

Know the main aspects of the historical formation and development of inalienable rights and tortious obligations in Ukraine, the concept and classification of inalienable rights, the legal nature of tortious obligations, literature sources on inalienable rights and tortious obligations, acts of civil law of Ukraine governing inalienable rights and tortious obligations, and current judicial practice of resolving civil disputes in non-contractual areas. Be able to assess and determine the role and objectives of non-contractual obligations, distinguish non-contractual obligations from other types of civil obligations, give them a legal description. Have basic skills in working with educational and legal literature, application of scientific methods of knowledge and legal methods of resolving controversial practical situations in the field of non-contractual obligations, to be guided by the practice of Ukrainian courts and the European Court of Human Rights.

Forms of teaching and teaching methods of this discipline are aimed at conducting a legal analysis of the problems of legal regulation of non-property relations and tort obligations in the civil law of Ukraine. Within the framework of the discipline the basic doctrinal approaches to the definition of the concepts of non-property rights and the legal nature of tort obligations, their doctrinal classification are studied. Particular attention is paid to current issues of application of current legislation of Ukraine governing civil law protection of non-property rights and tortious obligations by national courts.

1. Glannon JW. Examples&Explanations for The Law of Torts (6th ed.). Wolters Kluwer; 2020. 2. Mulheron, R. Principles of Tort Law (2nd ed.). Cambridge: Cambridge University Press; 2020. 3. Hughes-Davies, T., & Tamblyn, N. Tort Law (1st ed.). Routledge; 2019. 4. Kaur Dua, S., & Turner, C. Unlocking Torts (5th ed.). Routledge; 2019. 5. Harpwood, V.H. Modern Tort Law (7th ed.). Routledge-Cavendish; 2008. 6. Відповідальність у приватному праві: Монографія / [І. Безклубий, Н. Кузнєцова, Р. Майданик та ін.]; за заг. ред. І. Безклубого. –К.: Грамота, 2014. – 416 с. – (Серія “Про українське право).

Lectures, seminars, self-studying work of the student on the basis of textbooks, abstracts, methodical recommendations, consultations with the teacher

At the seminars, the current control of the student's knowledge in the academic discipline includes: performance in the classroom - from 6 to 8 points; addition of the performance - from 2 to 5 points; significant questions to the speakers (discourse) - from 1 to 3 points; reports and scientific works - from 3 to 5 points; scientific essay - from 5 to 8 points; solution of the incident - from 4 to 7 points; test task - from 3 to 4 points. Subject to evaluation: the level of knowledge demonstrated in the answer; activity in discussing issues; systematic work in the classroom; homework results. A student who has not reached the minimum threshold level of assessment (24 points) of those learning outcomes that cannot be assessed during the final control may not be allowed to final assessment. The final assessment of the student's knowledge takes place during the written test (the maximum score is 60).

Ukrainian