INSTITUTE OF FORCE-MAJEURE CIRCUMSTANCES AND EXECUTIVE PROCEDURE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article is sanctified to the pressing questions of executive procedure, system of executive procedures, to the problems of co-operation of institutes of civil law in an executive procedure, application in a legislation regulative an executive procedure, institute of force-majeure circumstances as a legal founding for the non-performance of decision to the court or another organ. The changes of current legislation are offered. An act of providence is a circumstance that eliminates responsibility of debtor on an obligation that is related to the course of business. The term of fulfilling commitment is carried during time the act of providence operates during that. Legislation about an executive procedure envisages situations, when during implementation of decisions of courts and other organs (public servants) there are certain obstacles ofproperty and unproperty character, that influence on motion of executive procedure and cause complication. Legislation about an executive procedure is in natural connection with a civil law, it inwardly is base on civil institutes, continuing them in the specific terms of application of mechanisms of a force implementation of decreets and other jurisdiction organs.At the same time practice of application of legislation about an executive procedure, and it in an equal degree touches both Law of Ukraine “On an executive procedure” from 21.04.1999 and Law of Ukraine “About an executive procedure” from 02.06.2016, testifies to the certain deficit of application of separate institutes of civil law in a legislation about an executive procedure. An institute of force-majeure circumstances (act of providence) is one of such institutes.
Authors and Affiliations
Д. М. Сібільов
Keywords
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