Features of unilateral deals interpretation


Keywords: civil deal; unilateral deal; interpretation; will; ways of interpretation; rules of interpretation; court practice.

Abstract

Іn this paper the object of the research is unilateral deals from the point of view of their content interpretation. The authors study the contents and features of the interpretation of unilateral deals. Identify existing methods and rules of interpretation of unilateral deals. Analyzed the jurisprudence concerning the interpretation application of certain provisions of the civil law in relation to unilateral deals. In general, the legislation of Ukraine in the studied aspect is slightly different from the legislation of other countries. It can even be recognized that the domestic system has a greater degree of unification of legal rules, which contains uniform rules of interpretation for virtually all types of deals. Due to this fact the mechanism of interpretation is more transparent, eliminates the diversity of interpretations of the same type of deals. Thus, the interpretation mechanism as a whole in the civilistic field is formed, but some of its elements require clarification, concretization, improvement, taking into account the peculiarities of different types of deals interpretation, including unilateral ones.

References

1. Romanyuk Ya.M, Kosenko V.Ya., Melnik Z.P. The practice of reviewing civil cases on invalidation of a deals by the courts: overview prepared for printing by judges of the Supreme Court of Ukraine. Information server of the Supreme Court of Ukraine. Retrieved from http://www.scourt.gov.ua/clients/vs.nsf/0/bce90d7b25c17f6dc225754e004b4c96?
2. Kharitonov E.A., Saniakhmetova N.A. (2004) Civil Law of Ukraine. Kharkiv. Odyssey LLC
3. Register of Decisions by the Supreme Court of Ukraine for Civil Jurisdiction. Retrieved from http://www.scourt.gov.ua/clients/vs.nsf/0/61EB2D76E67A4BE4C2257958002EC36D?OpenDocument&CollapseView&RestrictToCategory=61EB2D76E67A4BE4C2257958002EC36D&Count=500.
4. Resolution of the Plenum of the Supreme Court of Ukraine “On court practice of civil cases on invalidation of deals” of November 6, 2009 N 9. - para. 3, clause 20.
5. The Resolution of the Supreme Court of Ukraine in case No. 6-1912цс15 of 27.01.2016. Official web-portal "Judicial power of Ukraine". Retrieved from http://oda.court.gov.ua/sud1590 / 240436
6. Chanturia L.L. (2006) The concept of a deal. Deals’ interpretation. Lawyer, 3. Retrieved from http://journal.zakon.kz/203825-sdelka-i-voleizjavlenie-v-grazhdanskom.html

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PDF Downloads: 59
Published
2020-02-28
How to Cite
Shevchenko, A., Antoshkina, V., & Dei, M. (2020). Features of unilateral deals interpretation. Fundamental and Applied Researches in Practice of Leading Scientific Schools, 37(1), 48-51. https://doi.org/https://doi.org/10.33531/farplss.2020.1.7