Legal transformations of business disputes in post-soviet Ukraine
In: Oñati Socio-Legal Series, Jg. 1 (2011-10-01), Heft 6, S. 6-6
Online
academicJournal
Zugriff:
This paper explores mobilisation of law by Ukrainian business people at the pre-litigation stage of disputes, when litigation has not as yet been commenced but a legal claim has been formalised through the pretenziya - a formal letter to the delinquent party written to a special template. In Soviet times the pretenziya was by law an obligatory prerequisite before filing a claim in a commercial court (arbitrazh), but nowadays it is optional. Having analysed the spectrum of legal and extra-legal functions of pretenziya, this paper concludes that due to its adaptability, pretenziya proved capable of operating both as a token of the public order – the ‘shadow of the law’ - and as part of a private contract enforcement. Pretenziya in a voluntary form has not only survived in market-oriented economy but even opened up new avenues for the creative use of legal forms in post-Soviet business.
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Legal transformations of business disputes in post-soviet Ukraine
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Autor/in / Beteiligte Person: | Kyselova, Tatiana |
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Zeitschrift: | Oñati Socio-Legal Series, Jg. 1 (2011-10-01), Heft 6, S. 6-6 |
Veröffentlichung: | Oñati International Institute for the Sociology of Law, 2011 |
Medientyp: | academicJournal |
ISSN: | 2079-5971 (print) ; 1653-5014 (print) |
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