Article title Analogy in the Civil Code and in the Courts' Practice of Ukraine
Authors
Name of magazine Scientific journal «Private Law»
Issue 1 (українська мова)/2013
Сторінки [159-165]
Annotation

Approaches of drafters of the Ukraine's Civil Code to the legal analogy (Art. 8 of the Ukraine's Civil Code) and analysis of the current courts' practice to apply it are exposed in the article. Having included the rules on legal analogy into «material» Ukraine's Civil Code, the drafters have addressed them not only to the courts but to all the other subjects applying law. In order to guarantee that legal analogy which is adequately applied by such wide range of subjects there is a need to perceive correctly not only the rule of Ukraine's Civil Code Article 8 but the whole context of codification of private law in general as well.

Since a new Ukraine's Civil Code has come into force, the Ukrainian courts have largely applied analogy of statutory provisions in their practice to fill the gaps in different spheres of legal regulation. However, analogy of law is applied very rarely by the courts despite the objective character of the basic civil law principles enshrined in Ukraine's Civil Code and the rule of law requirements stemming out from the Constitution of Ukraine.

Keywords legal analogy, analogy of statutory provisions, analogy of law.
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