Infopaket

Non-contractual obligations: doctrine and legal practice

ВБ.01.01.27.

Вибіркова дисципліна для ОП

Second

2022/2023

2 Semester

3

Students' achievement of such competencies, skills and abilities as: the ability to give a legal assessment of non-contractual obligations and be aware of current trends in their development; generation of new ideas in the field of non-contractual obligations; ability to communicate with experts from other fields of knowledge in solving practical situations in the field of non-contractual obligations; assessment of the interaction of international law and international legal systems with the legal system of Ukraine in the field of non-contractual obligations; qualitative argumentation of legal decisions in the field of non-contractual obligations; application of an interdisciplinary approach to the.

Distance form

1) To know the legal nature of non-contractual obligations, literary sources on the issues of non-contractual obligations, acts of civil legislation of Ukraine regulating non-contractual obligations, current judicial practice of resolving civil disputes in the non-contractual sphere. 2) Be able to evaluate and define the role and objectives of non-contractual obligations, distinguish non-contractual obligations from other types of civil (including contractual) obligations, and give their legal characteristics. 3) Possess basic skills in working with specialized literature, applying scientific methods of cognition and legal methods of resolving controversial practical situations in the field of non-contractual obligations, and be familiar with the case law of Ukrainian courts and the European Court of Human Rights on the issues under study.

Teaching this discipline is aimed at conducting a systematic analysis of the legal regulation of non-contractual obligations in the civil legislation of Ukraine, mastering students' ability to think abstractly, analyze and synthesize, as well as the ability to apply knowledge of the basics of legal theory in solving specific practical problems. The course involves a comprehensive study of the peculiarities of private law regulation of non-contractual obligations using various information sources and databases. Particular emphasis is placed on developing students' understanding of international human rights standards, the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the case law of the European Court of Human Rights through the prism of non-contractual obligations.

1. Hughes-Davies, T., & Tamblyn, N. Tort Law (1st ed.). Routledge; 2019. 2. Unjust Enrichment. / Edelman, James; Bant, Elise. 2 ed. USA : Hart Publishing, 2016. 3. Markesinis’s German Law of Torts: A Comparative Treatise. / Bell, J., Janssen, A., & Markesinis, B.S., With a Foreword by Professor Sir (Eds.). Oxford: Hart Publishing, 2019. 4. French Civil Liability in Comparative Perspective (Studies of the Oxford Institute of European and Comparative Law). / Borghetti, J., & Whittaker, S. (Eds.). Oxford: Hart Publishing, 2019. 5. Nelson J.W. On the Conceptual Origins of the Law of Unjustified Enrichment in the Draft Common Frame of Reference. European Journal of Legal Studies. Vol. 6. Iss. 2 (Autumn/Winter 2013/14). P. 119–135. 5.Spasova K. A. Compensation for Moral Damage in Violation of Non-Property Rights in Social Networks. Dis. … c. l. s. . Odesa, 2021. 227 p.

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

The minimum score to be obtained by a student on the relevant assessment forms during the semester is 24 points. The maximum score that a student can receive as a result of studying during the semester is 40 points. If the student has not reached the minimum threshold level of assessment (24 points), the teacher who conducted the seminar classes and accepted the workshops addresses the Director of the Institute of Law with a submission in which he or she records the student's failure to fulfill the individual curriculum. Based on the results of the final form of control - a written or oral examination (with the possible use of information and communication technologies), a student can receive a maximum of 60 points.

Ukrainian