Article | Methodological Problems of Definition of Civil Law Systems Typology of Certain Post-Soviet States |
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Authors | Kharytonov Ye., Kharytonova O. |
Name of magazine | Scientific-practical professional journal «Comparative Law» (Ukrainian language) |
Issue | 1-2 / 2013 |
Pages | 399 - 412 |
Annotation | The aim of the article is to study the problem of tradition of law, particularly of private (civil) tradition, impact on legal systems of post-Soviet states, as the the choice of benchmarks to improve national legislation ultimately depends on the vision of the national legal system in general legal framework. By the example of the civil law and civil legislation development of Ukraine and Republic of Moldova the process of formation and renovation of the national system of civil law conception in the context of European traditions of law is considered. The forming factors of methodological basis of law-making in civil law field in these states and current state of conceptions of private (civil) law in them are analized. As a result of the undertaken study the conclusion that the Civil Code of Ukraine at the level of concept of civil legislation reflects a synthesis of Western and Eastern European traditions of private law is made. However, at the level of practical development of civil legislation predominance of Eastern traditions influence is sometimes perceptible. Instead, the Civil Code of the Republic of Moldova reflects to a greater extent conceptual influence of Western European tradition, although at the practical level the influence of Eastern European tradition of private law is appreciable. Based on this conclusion, main trends and prospects of civil legislation development of Ukraine and the Republic of Moldova are estimated. |
Keywords | legal systems, private law, civil law, tradition of law, Western European tradition of private law, Eastern European tradition of private law. |
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