| Article title |
From Understanding of Reception of the Roman Law to Formation of a General Theory of Legal Systems Interaction
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| Authors |
Kharytonov Ye., Kharytonova O.
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| Name of magazine |
Legal journal «Law of Ukraine» (Ukrainian version)
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| Issue |
1/2014
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Сторінки
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[274-297]
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| Annotation |
Understanding the vision of the essence of the reception of the Roman law took place in the jurisprudence of Western Europe earlier than the end of the 19th century. However, the process of investigation of this phenomenon in Eastern Europe and regarding Eastern Europe, in particular in respect of the Soviet and post-Soviet space lasts to this day. A scientific school in the Ukrainian jurisprudence was formed during the investigation of the reception of the Roman law. The forms, types, kinds of the Roman law reception are analyzed in the article. Based on the understanding of the concept and essence of the reception of the Roman law in the modern jurisprudence a common vision of the reception of law is formed. It is noted that the reception of law which aims at updating elements of the legal system on previous achievements must be distinguished from the restoration of law that has the purpose of restoring its previous state. Therefore, the restoration can be characterized as a denial of the reception of law. The reception of law is the primary way of prior legal systems to influence the following. Thus the transfer of achievements in the field of law is strictly «vertical». As for the «horizontal» interaction of legal systems, here we should speak not about the reception of law, and the «borrowing» of one legal system by another, but on their mutual influence and etc. All types (forms) of impact and interaction of legal systems are combined by the general notion of «acculturation of law», which implies application of the achievements of one legal system into another. |
| Keywords |
reception of law, reception of the Roman law, restoration, acculturation of law, legal transplantation, the interaction of legal systems. |
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References
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