УСТАНОВЛЕННЯ ОБОВ’ЯЗКУ ВЧИНИТИ ПЕВНІ ДІЇ ̶ ЯК ОДИН ІЗ ЗАХОДІВ ЗАБЕЗПЕЧЕННЯ ПОЗОВУ

Abstract

In this article a question is considered in relation to establishment of duty of feasance of certain actions – as one of events of security for a claim. By an author the analyzed works of scientists on this question and the legislation of Ukraine is analyzed, normatively – legal acts and judicial practice. It is considered why citizens rights for that were broken, does not wish to apply in a court after the protection of the rights, because even won a case, getting the decision of court on the benefit, achievement of the real implementation of decision of court in many cases – it is impossible. Thus, it is possible to assert that, for terms, when the decisions of court are not executed – a protection of the rights in a court is an illusion. Attempts of some unconscientiously debtors not to execute the obligations, by any facilities to avoid responsibility have different legal forms. One of them – is not registration of legacy property, that she a not bull is marked in a register as property of debtor.