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The Legal Nature of Dispositive Transactions

Student: Balabanov Ivan

Supervisor: Kirill Novikov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The aim of this work is to study the concept of dispositive transactions, as well as the definition of its nature, which is recognized in various legal systems either causal or abstract. The study of the nature of dispositive transactions shows the best delineation of the subject of property and liability law; It gives an idea of ​​the rights of institutions peculiar to a certain order. Appropriately, the key tasks of final qualifying work is the study of historical approaches to the formation of ideas about the dispositive transactions, their place and role in the proprietary and obligational Law, analysis of court ruling, which is in a situation of uncertainty in the absence of legal instruments, which could be provided by dispositive transactions. First, the causal transfer of ownership is more common type, but, however, is not always effective. Secondly, the civil turnover, which focuses on the flexibility of choosing behaviors, is more inclined to the causal nature of the transactions as to the legal facts existing in close connection with the acquisition of derivative ways of ownership (property). Thus, in the final qualifying work we highlighted the problems of dispositive transactions theory and conclusions about its nature, taking into account the achievements of foreign legal orders, and suggested solutions to some legal problems.

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