| Article title | International Property and Obligations Law in Draft Civil Code of Ukraine (Code of Private Law) |
|---|---|
| Authors |
Oleksandr Vygovskyy
ORCID ID: https://orcid.org/0009-0000-7365-8805 alexander.vygovsky@gmail.com
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| Journal name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Journal issue | 4 / 2026 |
| Pages | 71 - 82 |
| ISSN (print) | 1026-9932 |
| ISSN (online) | 2310-323X |
| DOI | https://doi.org/10.33498/louu-2026-04-071 |
| Received | 17.03.2026 |
| Accepted | 08.05.2026 |
| Published | 15.05.2026 |
| Abstract | The article is devoted to the modernization of the institutions of international property law and international law of obligations within the Book of the Draft Civil Code of Ukraine, which is dedicated to private international law and which development was carried out within the process of recodification of the civil legislation of Ukraine. The article analyzes the main conceptual approaches to the legal regulation of international private relations in the field of property and obligatory rights, which are proposed in the draft of the new Code of Private Law. In particular, the conceptual foundations of the transformation of conflict of laws rules are revealed, as well as the addition of new conflict-of-laws relationships regarding property rights that correspond to the best international practices. Special attention is paid to the updated conflict-of-laws regulation of ownership and other proprietary rights to securities. Within the framework of the study of international law of obligations, the novelties of regulation of contractual relations with a foreign element are analyzed. In particular, we focus on the expansion of the principle of close connection as a mechanism for determining the applicable law in the absence of a choice by the parties of the applicable law, as well as conflict of laws issues of regulation of certain types of contractual obligations, in particular, those arising from contracts concluded within the framework of the securities offerings. The proposed provisions are aimed at modernizing civil legislation, increasing legal certainty and ensuring effective regulation of private relations with a foreign element, which will contribute to Ukraine’s further integration into the European legal space. |
| Keywords | private international law; property rights; obligations; conflict of laws rules; Civil Code; parties’ autonomy |
| References | Authored books 1. Baxter Ian, Essays on Private Law: Foreign Law and Foreign Judgments (University of Toronto Press 1966). 2. Vygovskyy Oleksandr, International Financial Law: textbook (The University of Kyiv 2017). 3. Dovgert Anatolii, Mizhnarodne pryvatne pravo: zmina kontseptsii (Alerta 2024) (in Ukrainian). 4. Kysil Vasyl, Mizhnarodne pryvatne pravo: pytannia kodyfikatsii (Ukraina 2005) (in Ukrainian). 5. Makarov A, Osnovnye nachala mezhdunarodnogo chastnogo prava (Jurid. izd-vo NKJu RSFSR 1924) (in Russian). Edited books 6. Dicey and Morris on the Conflict of Laws (13th ed., Lawrence Collins (ed), Sweet & Maxwell 2000). 7. Dovgert A, Kysil V (red), Mizhnarodne pryvatne pravo. Osoblyva chastyna: pidruchnyk (Alerta 2013) (in Ukrainian). |
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