Article | The Civil Code of Ukraine: Recognized Achievements of Codification |
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Authors | Kuznietsova N., Dovhert A. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 2 / 2014 |
Pages | 9 - 24 |
Annotation | The article is devoted to the recognized achievements of codification of norms in the civil law of Ukraine. Summarizing the results of 10 years of the Civil Code of Ukraine, the authors emphasize that the adoption of the new Civil Code of Ukraine, even in the current, very distorted compared to its projects after the first and second parliamentary reading, and which is surrounded by non-market and opposing Commercial Code (CC) and such legislation is undoubtedly the most significant step towards democratic reforms in all the years of reforms in the independent Ukraine. Among the achievements of the reform project developers CC of Ukraine celebrated the return to the legal system of Ukraine principles, concepts and categories that have come his way from the development of the private Roman to modern European law and the rejection of «dualism» of private law, the results of convergence, harmonization and unification of the separate groups of rules with the relevant rules of international conventions and universal nature of EU law, expanding the content of private law at the expense of the moral rights of an individual and others. The article is reasonably necessary timeliness and urgency to create a special government commission system updates the Code in view of modernity in all its forms. Attention is drawn to the fact that this update was recently done in Germany, France and other countries. It is predicted that the result of the commission can be not only interrelated changes and additions to the existing paper books, but also the inclusion of new parts on family law, private international law and so on. |
Keywords | Civil Code of Ukraine, codification of private law, basic principles of civil law, principles, concepts, categories of private law, the structure of the Central Committee of Ukraine, moral rights of individuals, contractual law, contract law. |
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