Suchergebnisse

The publication explores the legal nature and essential terms of the Surrogacy Agreement. It is revealed that the Agreement is bilateral and concluded between the spouses, who provide their genetic material for a conception of the embryo, which will be transferred to the body of a surrogate mother by means of the use of assisted reproductive technologies and, accordingly, the surrogate mother. Through the prism of comparing the features that are related to the service agreements and the Surrogacy Agreement, it is proved that the Surrogacy Agreement by its legal nature refers to the service agreements and generates the emergence of civil relations between the customers (spouses) and the contractor of the Surrogacy Agreement (by surrogate mother). The article looks into subject composition of the surrogacy agreement. Concluding that the customers of the surrogacy motherhood may be spouses (husband and wife), as well as a single woman or a single man. At the same time, the executor being a party to the surrogate motherhood agreement is surrogate mother, to whom, in addition to the legislative requirements (full age, legal capacity, having her own healthy child, absence of medical contradictions, and lack of direct genetic connection with the child), there are the following requirements to be put forward: absence of mental illness, absence of bad habits (smoking, alcohol abuse, drug consumptions, computer and gambling addiction), and excessive weight. It has been found out that the srrogacy agreement is concluded exclusively between the clients and the surrogate mother. It makes impossible to consider the medical institution to be an independent party to the agreement. At the same time, the latter is stated to provide services for the embryos/cryo-embryos preparation, the embryo's transfer procedure to the surrogate mother uterus, as well as unused embryos cryopreservation. These services constitute the subject of a separate service agreement concluded between the customers of the mentioned services and the medical institution. It was found that the essential conditions of the surrogacy agreement are the subject of the Agreement and, in the case of its payment, the price. The subject of the Surrogacy Agreement should be considered services for the transfer to the body of the surrogate mother of the human embryo conceived by the spouses as a result of the use of assisted reproductive technologies; bearing; birth and transfer of the child to the couple. The price of a Surrogacy Agreement should, in turn, be set out in an estimate that must be agreed between the Parties and be part of the Agreement. The estimate should specify the size, term and order of payment for each service and expenses that will and may be incurred in connection with the carrying and birth of a child by a surrogate mother. At the same time, it is proved that the price consists of the following three parts: first, the amount that is paid to the surrogate mother for each service rendered by them (embryo transfer, monthly payments, remuneration after the birth and transfer of the child). Secondly, the payments of the actual costs of the surrogate mother (food, rent, transfer, clothing for pregnant women and the purchase of the necessary things in the hospital). Thirdly, payment of force majeure circumstances that may occur during the birth or birth of a child (stay in the hospital during hospital treatment in a hospital, the birth of two or more children and death of a surrogate mother during childbirth). ; Стаття присвячена дослідженню правової природи договору про сурогатне материнство, через призму співставлення ознак, які приманні договорам про надання послуг та договору про сурогатне материнство. В статті аналізується суб'єктний склад договору про сурогатне материнство та визначаються його істотні умови.

The article is devoted to the study of the right regulation, the essential conditions, the parties, the peculiarities of the conclusion of the contracts of carriage by air transport through the lens of the study of actual questions of the contract of carriage of cargo by air transport and the contract of carriage of passengers and baggage by air transport. Legal regulation of cargo transportation by air transport is carried out both international and national legislation. The contract of carriage of goods by air is concluded between the air carrier and the shipper. The essential terms of a contract for the carriage of goods by air are the condition of the subject, that is, the services of the carriage of goods by air and the fare. In this case, a special procedure is established for the transport of dangerous goods. The rights and obligations of the air carrier and shipper, as well as the responsibility for non-performance or improper performance of the contract, are provided for by the Air Code of Ukraine and other legal acts. The subject of the contract of carriage of passengers and baggage by air means as essential condition of the contract should be understood the services of air transportation (regular air carriage) of the passenger and his luggage (transportation) from the place of departure to the destination, as well as other paid and free services that accompany such transportation (at the airport, on board the ship) and are dependent on passenger status, class of service (first class, business class, premium class (comfort class), economy class) and are required to give conditions such as safety, quality, reliability, timeliness. Yes, the list of services depends on who will be the consumer of the service, who, according to the current legislation may be: a passenger, a passenger with disabilities or a person withdisabilities. At the same time, a special procedure for transportation of children andpregnant women is provided ; Стаття присвячена дослідженню правого регулювання, істотних умов, сторін, особливостей укладання договорів перевезення авіаційним транспортом через призму дослідження актуальних питань договору перевезення вантажу авіаційним транспортом та договору перевезення пасажира та багажу авіаційним транспортом.