Article | Civil Law as an Area of Private Law in Ukraine |
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Authors | Maydanyk R. |
Name of magazine | Scientific journal «Private Law» |
Issue | 1 (українська мова) / 2013 |
Pages | 65 - 80 |
Annotation | Substantiated that in certain sense branches of law should be regarded as public law and private law, each of which is composed of smaller components that make up one of the relevant areas of law. The system of private law in Ukraine, including such formations like civil and family law, as well as labor, commercial, land, and other areas of law (such as a law on natural resources) to the extent that regulates horizontal relations, i.e. relations that are based on legal equality of the participants. Special place in the system of private law takes private international law, the specificity of which is determined by the presence of foreign elements and the associated effect of supranational nature of the relationship, which hamper the possibility of full inclusion in any national legal system. The inherent tendency of domestic law enforcement practice to expand the scope of civil law is highlighted, which is reflected in the actual distribution of civil structures on public law remedy which affects the rights and obligations of a private nature (in particular the tax lien, financial credit, administrative services, etc.). We have concluded that the system of civil (private) law should be characterized by clear criteria of limits of action and separation from adjacent areas (sectors) of public law, distinguished by corresponding Codes and taking into account trends in the respective spheres of social relations as rules can create crosslinks with public legal rules within the complex legislation. |
Keywords | concept of private law, Ukrainian system of private law, civil law, private law sphere of Ukrainian, correlation law, interbranch relations of civil law. |
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