Article | Codification of the New Ukrainian Civil Law — Important Stage in the Development of the Doctrine of Civil Law |
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Authors | Dovhert А. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 6 / 2014 |
Pages | 35 - 47 |
Annotation | The modern private law theory in Ukraine is closely connected with post- Soviet civil law codification. On one hand, the Ukrainian Civil Code of 2003 absorbs the main ideas of the new paradigm of the national civil law doctrine. On the other hand, after the adoption of the Civil Code the private law theory is channeled to understanding the legal reality, created by this epoch document. The new paradigm of the civil (private) law doctrine namely includes: 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; 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 universal international conventions and EU law; expanding the content of private law at the expense of the moral rights of a persons and others. |
Keywords | civil (private) law doctrine, Civil Code of Ukraine, private law codification, basic principles of civil law. |
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