| Article | Elements of Dispositive and Imperative Regulation of Civil Relations in the Civil Code of Ukraine |
|---|---|
| Authors |
Kharytonov Ye.
|
| Name of magazine | Scientific journal «Private Law» |
| Issue | 2 (українська мова) / 2013 |
| Pages | 38 - 49 |
| Annotation | The article considers the issues of application of dispositive and imperative methods in civil-legal regulation (namely, in the Civil Code of Ukraine). The methodological foundation of the research is the thesis that the categories of «private law», «civil law» and «civil legislation» are not identical. Such conclusion logically leads to the assumption that both private and public methods of regulation of civil relations can be used in the civil legislation. Although in most cases civil-legal regulation is dispositive, the imperative method is used regarding some civil relations (grounds for creation of the property right, copyright protection, damage compensation, inheritance under the law, etc.). Therefore, the Civil Code of Ukraine combines elements of both dispositive (private) and imperative (public) regulations of civil relations. The conclusion is made about the reasonableness of applying the compromise versions of methodology for legal innovation in the sphere of civil law which is proved by the experience of the Civil Code of Ukraine. |
| Keywords | code, private law, public law, civil law, civil legislation, dispositive method, imperative method, civil relations. |
| References | |
| Electronic version | Download |