Лекторки докладно проаналізувала разом з учасниками зобов’язання в праві, а саме:

1. Non-contractual obligations in the EU legal system: from concept to regulation.

• 1.1. The law applicable to non-contractual obligations in the EU. Право, яке застосовується до недоговірних зобов’язань в ЄС.
• 1.2. Non-contractual obligations determination. Визначення недоговірних зобов’язань.
• 1.3. General and special rules governing non-contractual cases. Загальні та спеціальні правила, які регулюють недоговірні зобов’язання.

2. Navigating Insolvency: A Comparative Analysis of Debt Obligations in Ukrainian and English Bankruptcy Law.

• 2.1. Вступ. Огляд термінології та законодавчого регулювання банкрутства в Україні та за правом Англії та Уельсу.
• 2.2. Види зобов’язань у банкрутстві: поточні, конкурсні, забезпечені та незабезпечені.
• 2.3. Черговість задоволення вимог кредиторів у справах про банкрутство.
• 2.4. Реструктуризація зобов’язань.
• 2.5. Наслідки банкрутства для фізичних та юридичних осіб.

3. Data, privacy, and obligations.

• 3.1. The Importance of Data Privacy – загальна характеристика.
• 3.2. Key Privacy Risks and Challenges – правове підґрунтя.
• 3.3. Legal and Ethical Obligations – складові елементи.
• 3.4. Protecting Personal and Organizational Data – корисні поради.

4. Implied duties of employment contract.

• 4.1. Поняття «express duties» та «implied duties».
• 4.2. Види «implied duties» в трудових відносинах.
• 4.3. Наслідки порушення «implied duties».

5. Means of ensuring fulfillment of obligations.

• 5.1. What is “obligation”? Що таке «зобов’язання»?
• 5.2. Obligations under the legislation of Ukraine. Зобов’язання за законодавством України.
• 5.3. Penalty. Неустойка.
• 5.4. Surety. Порука.
• 5.5. Guarantee. Гарантія.

У рамках характеристики зобов’язання в праві акцентовано на наступному:

1. Non-contractual obligations in the EU legal system: from concept to regulation.

1.1. The law applicable to non-contractual obligations in the EU. Право, яке застосовується до недоговірних зобов’язань в ЄС

Rome ІІ:

Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome ІІ).

When does the regulation apply?

As of 11 January 2009, except for Article 29 (which applies as of 11 July 2008).

What does the regulation do?

• The regulation applies to all EU countries except Denmark.
• The regulation does not replace national substantive laws on non-contractual obligations.
• The regulation determines which national substantive law applies.

1.2. Non-contractual obligations determination. 

Визначеннянедоговірнихзобов’язань

Material scope of Rome ІІ: is defined in Article 1 to cover “non-contractual obligations in civil and commercial matters” in “situations involving a conflict of laws,” excluding in particular “revenue, customs or administrative matters” or “the liability of the State for acts and omissions in the exercise of State authority.

For purposes of Rome II, a conflict-of-laws situation means the situation in which civil and commercial matters involve cross-border, non-contractual obligations subject to the laws of two or more States (Countries), primarily among the EU member States.

Article 2 of Regulation: Non-contractual obligations

1. For the purposes of this Regulation, damage shall cover any consequence arising out of tort/delict, unjust enrichment, negotiorum gestio or culpa in contrahendo.
2. This Regulation shall apply also to non-contractual obligations that are likely to arise.
3. Any reference in this Regulation to:

• an event giving rise to damage shall include events giving rise to damage that are likely to occur; and
• damage shall include damage that is likely to occur.

A negative definition of non-contractual obligation: “…it covers all (civil and commercial) obligations not covered by the notion of “contractual obligations”.

A positive definition of non-contractual obligation: “…the phrase “tort, delict or quasi-delict” in the Brussels | bis Regulation is to be understood as covering a situation in which there is no obligation freely assumed by one party towards another…”.

1.3. General and special rules governing non-contractual cases. Загальнітаспеціальніправила, якірегулюютьнедоговірнізобов’язання

Article 4 General rule:

1. Unless otherwise provided for in this Regulation, the law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs irrespective of the country in which the event giving rise to the damage occurred and irrespective of the country or countries in which the indirect consequences of that event occur.

2. However, where the person claimed to be liable and the person sustaining damage both have their habitual residence in the same country at the time when the damage occurs, the law of that country shall apply.

3. Where it is clear from all the circumstances of the case that the tort/delict is manifestly more closely connected with a country other than that indicated in paragraphs 1 or 2, the law of that other country shall apply. A manifestly closer connection with another country might be based in particular on a pre-existing relationship between the parties, such as a contract, that is closely connected with the tort/delict in question.

Personal injury cases:

UK Courts have had little difficulty in applying Article 4(1) in line with Recital 17: the law of the country in which the damage occurs is applied regardless of the location of the indirect consequences of the accident.

Where a road traffic accident occurs in France causing personal injury but with financial consequences felt in other countries, the place in which damage occurs under Article 4(1) is France and the law applicable is French law.

(Pickard v Marshall [2015] EWHC 3421 (QB), [2017] EWCA Civ 17).

Party Autonomy Article 14: Freedom of choice:

1. The parties may agree to submit non-contractual obligations to the law of their choice:

1. by an agreement entered into after the event giving rise to the damage occurred; or

2. where all the parties are pursuing a commercial activity, also by an agreement freely negotiated before the event giving rise to the damage occurred.

The choice shall be expressed or demonstrated with reasonable certainty by the circumstances of the case and shall not prejudice the rights of third parties.

2. Navigating Insolvency: A Comparative Analysis of Debt Obligations in Ukrainian and English Bankruptcy Law.

2.1. Вступ. Огляд термінології та законодавчого регулювання банкрутства в Україні та за правом Англії та Уельсу

Bankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.

Bankruptcy: Law and Practice is essential reading for lawyers, insolvency practitioners, academics and students concerned with issues relating to personal insolvency.

Definitions of bankruptcy law:

It regulates the process by which insolvent individuals or companies either liquidate their assets or restructure their debts under court supervision, ensuring fair treatment of creditors and offering debtors potential relief through discharge or reorganization.

Ex. “After months of financial struggle, the company Discharge filed for protection under bankruptcy law to restructure its debts.”

Bankruptcy vs. Insolvency:

1. The UK.

Insolvency is a broader term referring to the financial state of being unable to pay debts. Bankruptcy refers to the legal process for individuals who are insolvent.

Insolvency can apply to both individuals and companies, while bankruptcy in the UK typically applies only to individuals.

2. The USA.

Insolvency refers to the financial condition of being unable to meet debts as they come due, while bankruptcy is the formal legal process.

Bankruptcy law in the U.S. covers both individuals and businesses, with different chapters governing their respective processes (e.g., Chapter 7, Chapter 11).

Here are the key legislation acts that regulate bankruptcy in the UK, USA, and Ukraine:

• The UK – Insolvency Act 1986, Corporate Insolvency and Governance Act 2020;
• The USA – Bankruptcy Code (Title 11 of the United States Code);
• Ukraine – Code of Ukraine on Bankruptcy procedures.

2.2. Види зобов’язань у банкрутстві: поточні, конкурсні, забезпечені та незабезпечені

Types of Obligations in Bankruptcy:

1. Post – bankruptcy obligations (поточні зобов’язання).

Post -bankruptcy obligations are debts, liabilities, or duties that arise after a debtor has filed for bankruptcy. These obligations are typically related to the administration of the bankruptcy estate or new debts incurred with the court’s approval after the filing date.

Examples include administrative expenses (such as trustee fees, court costs, and professional services), ongoing utility payments necessary to maintain a debtor’s estate, or new contractual obligations entered into with permission from the bankruptcy court.

Post -bankruptcy obligations are usually given priority over pre -bankruptcy claims when distributing any available assets.

2. Secured obligations (забезпечені зобов’язання).

Secured obligations are debts that are backed by collateral, providing the creditor with a legal right to seize specific property or assets of the debtor if the debtor fails to meet the obligation. Secured creditors are given priority over unsecured creditors in the distribution of the debtor’s assets, and they can claim the specific collateral pledged for their debt.

Examples: Mortgages, car loans, and other debts where a specific asset is pledged as security for the loan. If the debtor defaults, the creditor may seize and sell the asset to satisfy the debt.

3. Unsecured obligations (незабезпечені зобов’язання).

Unsecured obligations are debts that do not have specific collateral attached. These are the most common type of debt in bankruptcy proceedings and are typically paid only after secured and preferential creditors have been satisfied. Unsecured creditors have no specific claim to any particular asset of the debtor and are thus at higher risk of receiving little or no repayment in bankruptcy.

Examples: Credit card debts, medical bills, personal loans, and supplier debts. Unsecured creditors often receive a portion of the proceeds from the liquidation of the debtor’s assets based on the remaining funds after secured and priority claims are settled.

4. Pre -bankruptcy obligations (конкурсні зобов’язання).

Pre -bankruptcy obligations refer to debts, liabilities, or contractual duties that a debtor incurred before formally filing for bankruptcy. These obligations typically include outstanding loans, unpaid invoices, contractual breaches, tax debts, and other financial commitments made prior to the commencement of bankruptcy proceedings. In bankruptcy law, pre -bankruptcy obligations are important because they determine which creditors may file claims in the bankruptcy estate and how the debtor ’s assets will be distributed.

2.3. Черговість задоволення вимог кредиторів у справах про банкрутство

In both Ukrainian and English bankruptcy law, the priority of claims is crucial in determining the order in which debts are paid. The typical order of priority is as follows:

• 1. Post – bankruptcy obligations (administrative expenses);
• 2. Secured obligations (secured creditors);
• 3. Preferential obligations (employees, taxes);
• 4. Unsecured obligations (unsecured creditors).

However, specific rules and nuances can differ depending on the jurisdiction and the type of bankruptcy (e.g., corporate versus individual bankruptcy).

2.4. Реструктуризаціязобов’язань

Debt Restructuring:

• Продовження строків виплати (Extension of payment terms) — боржнику надається більше часу для погашення боргів.

• Зниження процентної ставки (Interest rate reduction) — зменшується ставка за кредитом.

• Зменшення суми боргу (Debt reduction) — частина боргу списується.

• Створення нових графіків виплат (Rescheduling of payments) — переглядаються графіки платежів відповідно до можливостей боржника.

• Обмін боргу на капітал (Debt-for-equity swap) — кредитори отримують частку у власності боржника замість повернення грошей.

В Україні реструктуризація можлива через процедуру санації або через план реструктуризації у межах Кодексу України з процедур банкрутства.

В the UK боржники можуть використовувати такі інструменти :

• Company Voluntary Arrangement (CVA) — добровільна угода з кредиторами.
• Scheme of Arrangement — судово затверджена угода з більшістю кредиторів.
• Restructuring Plan (після змін у 2020 році) — новий інструмент, що дозволяє суду затвердити план навіть без згоди всіх класів кредиторів (“cross-class cram down”).

2.5. Наслідки банкрутства для фізичних та юридичних осіб

1. Consequences of Bankruptcy for Individuals.

Ukraine:

• Debts are discharged after the completion of the insolvency procedure (except for certain non-dischargeable debts).
• Obligation to disclose bankruptcy when entering into new financial agreements within 5 years.
• Temporary restrictions on holding certain positions (e.g., in the banking sector).
• Repeated bankruptcy can only be initiated after 5 years.

United Kingdom:

• Debts are discharged after the bankruptcy process, usually after 12 months (automatic discharge).
• Obligation to disclose bankruptcy when applying for credit over £500 while being an undischarged bankrupt.
• Prohibition from acting as a company director or forming a company without court permission during bankruptcy.
• No statutory waiting period, but frequent bankruptcies may affect access to automatic discharge and financial standing.

2. Consequences of Bankruptcy for Legal Entities.

Ukraine:

• Liquidation of the legal entity upon completion of bankruptcy proceedings.
• Distribution of assets among creditors according to a statutory priority (e.g., employees’ wages, taxes, then other creditors).
• Possible subsidiary liability of directors for causing insolvency.
• After liquidation, the legal entity ceases to exist permanently.

United Kingdom:

• The company is dissolved through compulsory liquidation or voluntary liquidation.

• Distribution of assets according to the Insolvency Act 1986, prioritising salaries, pensions, and certain taxes.
• Possible personal liability of directors for wrongful trading or fraudulent trading.
• The company is dissolved, and records are maintained at Companies House.

3. Data, privacy, and obligations.

3.1. The Importance of Data Privacy – загальнахарактеристика

The obligation of personal data protection requires individuals and organizations to handle personal information responsibly, ensuring its security, confidentiality, and lawful processing.

«Data» refers to any information that is collected, stored, or processed, «privacy» is the right to control how that data is accessed and used, and «obligations» are the legal and ethical responsibilities individuals and organizations have to protect that data and respect privacy rights.

Core Legal Distinctions:

• Data protection terminology often “breaks” from traditional linguistic and legal patterns.
• Words that seem “simple” carry technical, expanded, or narrowed meanings.
• Cross-jurisdictionally, the same word can mean different scopes or obligations.

3.2. Key Privacy Risks and Challenges – правовепідґрунтя

Cyberattack on Ukraine’s State Registries (December 2024).

Cyberattack on Ukrzaliznytsia (March 2025).

This cyberattacks highlight the pressing need for enhanced cybersecurity measures and legal frameworks to protect personal data. They also emphasize the importance of international cooperation in addressing cyber threats that transcend national borders.

The History of Privacy:

Interview with Cobun Zweifel-Keegan, the Managing Director in Washington, D.C. of the International Association of Privacy Professionals.

Podcast Overview: The episode highlights early concepts of privacy, the legal and ethical frameworks that have shaped it, and how professionals can engage with privacy laws today. The conversation also touches on privacy certifications and the value of professional networks in the field. The discussion emphasizes that privacy is not just a modern concern but has been a fundamental part of human society for centuries. Listeners will gain insight into how historical perspectives on privacy influence today’s legal and ethical frameworks, setting the stage for future episodes on modern and post-internet privacy.

3.3. Legal and Ethical Obligations – складовіелементи

The Core Principles of Protecting Personal Data Obligations:

1. Fairness – Personal data must be processed in a way that is ethical, does not mislead individuals, and respects their rights.

2. Transparency – Individuals should be informed about how their data is collected, used, stored, and shared through clear and accessible privacy policies.

3. Legitimate Purpose – Data should only be processed for specific, lawful, and clearly defined purposes that the individual has consented to or that are legally justified.

4. Security Measures – Appropriate technical and organizational safeguards must be in place to protect personal data from unauthorized access, loss, or breaches.

3.4. Protecting Personal and Organizational Data – корисніпоради

Data controller: is the individual or organization that determines the purpose and means of processing personal data. They are responsible for ensuring compliance with data protection laws, obtaining necessary consents, and implementing security measures to protect personal information.

Data Processor: is a third party or entity that processes personal data on behalf of the data controller. They must follow the controller’s instructions, maintain data security, and comply with relevant legal obligations, such as data breach reporting and contractual safeguards.

1) Facebook (Meta) collects and processes user data to personalize ads, improve user experience, and manage platform security.

2) Amazon Web Services (AWS) provides cloud storage and computing services for businesses that store and manage customer data.

4. Implied duties of employment contract.

4.1. Поняття «express duties» та «implied duties»

A duty is express if it is explicitly agreed between the parties, either verbally or in writing:

• Working hours
• Restrictive covenants
• Job duties
• Salary

A duty is implied if it is understood to be true or to exist, although it is not stated directly or in a legal agreement:

• Duty to maintain mutual trust and confidence
• Duty of fidelity
• Duty to provide a safe place of work

4.2. Види «implied duties» в трудових відносинах

General cases when terms may be implies:

To give «business efficacy».

According to the «officious bystander»: Something is so obvious that it goes without saying. If there had been someone standing by listening to the parties make the agreement who had suggested that they express the term, they would have silenced him with «Of Course».

• Duty to maintain mutual trust and confidence:

Not to act in such a way that is likely to destroy or seriously damage the relationship of trust and confidence betweenthe parties.

Whether or not this term has been breached shall be judged objectively (i.e., it is not necessary to show that the employee has actually lost confidence in their employer) but whether the employer’s conduct was likely to bring about such a result, regardless of the employer’s actual intention.

• Duty of fidelity:

An employee may not act against the interests of the employer whilst working for it.

Employment relations are one of those involving duties of good faith, sometimes described as duty of fidelity, or a duty to give good and faithful service. These duties are derived largely from the law of agency.

• Duty to provide a safe place of work:

To make sure that workers are protected from anything that may cause harm, and controlling any risks to injury or health that could arise within their working environment.

4.3. Наслідкипорушення «implied duties» case law

• USDAW v Tesco Stores Ltd (2022):

An express term of the contract stated that retained pay would be ‘’permanent’’, but 12 years later the employer was planning to dismiss employees and offer them new contracts without thisbenefit. The High Court held that a term should be implied that the benefit was for life and could not be lost. This prevents the employer from terminating contracts to get rid of retained pay.

• Ali v Christian Salvesen (1997):

The employee was employed under an annualized hours contract which meant that he only became entitled to overtime after having worked 1,924hoursina year. Ali was made redundant 5 months later after working more than 40 hours every week. He claimed for an implied term that he should be entitledto prorataovertime in thesecircumstances. The court held that this was not an example of incomplete contract: the terms were settled though CBA and omission of a term on this point was morelikely to be deliberate.

• United Bank v Akhtar (1989):

Although an implied term could not contradict an express term, it couldcontrol its exercise. Courts implied a term that the bank should give reasonable notice of exercise of the mobility clause, so as not to make it impossible for the employee to comply with his contractual obligationto move.

• Horkular v Cantor Fitzgerald International (2004):

Where an employer had discretionarypower under the contract, its exercise was subject toan implied term that the discretion would be exercised in good faith. This is in accordance with the implied duty on both parties to maintain mutual trust and confidence in the employmentrelationship.

5. Means of ensuring fulfillment of obligations.

5.1. What is “obligation”? Щотаке «зобов’язання»?

Obligation – an act or course of action to which a person is morally or legally bound; a duty or commitment; – the fact that you are obliged to do something.

If you have not signed a contract, you are under no obligation to (= it is not necessary to) pay them any money.

You have a legal obligation to (= the law says you must) … ensure your child receives an educati on.

5.2. Obligations under the legislation of Ukraine. Зобов’язання за законодавством України

Fulfilment of the obligation may be secured by a penalty, surety, guarantee, pledge, retention, deposit, trust property right.

The agreement or law may provide for other types of security for fulfilment of an obligation.

1.Виконання зобов’язання може забезпечуватися неустойкою, порукою, гарантією, заставою, притриманням, завдатком, правом довірчої власності.

2.Договором або законом можуть бути встановлені інші види забезпечення виконання зобов’язання.

5.3. Penalty. Неустойка

Penalty = неустойка.

A punishment, or the usual punishment, for doing something that is against a law:

• The law carries a penalty of up to three years in prison.
• They asked for the maximum penalty for hoax calls to be increased to one year.
• The protesters were told to clear the area around the building, on penalty of arrest (= or be arrested) if they did not.

A type of punishment, often involving paying money, that is given to you if you break an agreement or do not follow rules:

• Currently, ticket holders pay a penalty equal to 25 percent of the ticket price when they change their flight plans.
• There was a penalty clause which said you had to pay half the cost if you cancelled your booking.

Forfeit = неустойка.

A punishment, or the usual punishment, for doing something that is against a law:

In the event of a thousand-shareholder’s appeals to courts, only forfeit, according to expert opinions, will be from 400 to 680 million euro.

Forfeit (penalty) for failure to take safe content after expiry of the Agreement – EUR 2 for each calendar day (applicable to singed agreements since 1 February 2024 (inclusive).

5.4. Surety. Порука

Surety = порука = поручитель/

A person who accepts legal responsibility for another person’s debt or behaviour, or money given as a promise that someone will do something that they have promised to do, such as pay a debt or appear in court:

• Her brothers are acting as sureties for her.
• No one has yet been found who is willing to stand (= act as a) surety for Mr Naylor.

A promise, or money or property given as a promise, that someone will do something that they have said they will do, such as pay a debt or appear in court:

• Analysts doubt whether Ford would have been able to raise such a large amount of debt without some kind of surety.
• A local shopkeeper and a relative had been prepared to put up a surety of $20,000, the court heard.

5.5. Guarantee. Гарантія

Guarantee = гарантія.

A formal agreement to take responsibility for something, such as the payment of someone else’s debt:

• A money-back guarantee.

A promise that something will be done or will happen, especially a written promise by a company to repair or change a product that develops a fault within a particular period of time:

• The system costs £99.95 including shipping and handling and a twelve-month guarantee.

Something valuable that you give to someone temporarily while you do what you promised to do for them, and that they will keep if you fail to do it:

• If you guarantee the loan, you will lose the business if you default on payments.

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