Анотація | Abstract
Providing assistance to an individual is a novelty of the domestic civil legislation, since for the first time the possibility of assisting an individual as a participant of civil relations by another capable individual is implemented at the codification level, it is advisable to analyze the relations that arise, determine their legal nature and structure as well as analyze specific features of legal applications.
The gratification of the needs of participants in civil relations is sometimes complicated by the inability to exercise subjective rights, to perform duties or to execute transactions because of the state of health. This gap between real needs and achievement of the desired result can be filled due to special legal means, at the institutional level regulated by the Civil Code of Ukraine. An analysis of the normative provision of assistance to a physical person by another capable physical person allows to consider them at the sub-institutional level regarding guardianship and care.
We believe that it is possible to consider the provisions of Art. 79 of the Civil Code of Ukraine as a component of the sub-institute of providing assistance relations, since the possibility of legally disputing the actions of the assistant, his inaction or the decision of the guardianship and custody body is a reliable guarantee for the protection of the rights of an individual in need of assistance.
It was concluded that if the parties reach an agreement on the paid nature of the services, the contract must be concluded in the written form. We propose to legally consolidate the possible application of the analogy of the law to the relationship of assistance, therefore it is expedient to supplement Article 78 of the Civil Code of Ukraine, noting that the legal regulation is executed by applying the general provisions on guardianship and care, as well as representation, the elements of which are contained in the contract on assistance assigning a capable individual for the exercise of person's rights and performance of duties, if this does not contradict the essence of the established legal relationship.