Implementation of Principles of European Contract Law in the Ukrainian civil law

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Implementation of Principles of European Contract Law in the Ukrainian civil law

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue

Abstract

Establishment and functioning of the European Union, both economically and politically integrated community need and legal integration is sufficiently high level of regulatory convergence of EU Member States, including in the field of private law, especially in the field of contract law as a field that directly affects providing civil, trade, unimpeded movement of goods, works, services and capital. For countries intending to join the EU as Ukraine, an important task is to harmonize national legislation with EU legislation. The convergence and harmonization of the EU carried out not only in one direction – through a total unification of the legislation through the adoption of general binding regulations but also by defining the basic principles that have guided the Member States in the development of national legislation. Principles of European Contract Law (PECL) were created by comparative legal analysis of the legislation of different countries – EU members – to Finding solutions that best meet the needs of modern business turnover. They were the embodiment of the principles of unification of the «lex mercatoria» – trafficking laws, consisting in the trading practice. Important sources of lex mercatoria, except PECL is UN Convention on Contracts for the International Sale of Goods 1980, Principles of International Commercial Contracts (Principles UNIDROIT) (1994, and their new edition 2010), which not only taken into account, but served as the main legal basis in the development of PECL. Given the status PECL and its role and impact on the regulation of contractual relations in the EU, and the ultimate goal of such regulation in the form of establishing a European Civil Code, as well as the situation in Ukraine and its intention to join in the future of the EU, when apparently a civil code already perhaps will act as a supranational regulation and will be mandatory for use in the states – members of the EU, it appears that at this stage for Ukraine would be more appropriate oriented at improving the legal regulation of contractual relations not PECL , and the UNIDROIT Principles. Analysis of the implementation of civil law in Ukraine the general principles of contract law, the UNIDROIT Principles indicates that the Civil Code of Ukraine adopted in 2003 definitely developed taking into account the general principles of European contract law and, in general, they respond. It appears that the main differences between them are not even in the presence of some specific gaps or regulation in some nuances, but in the direction and spirit of these documents. The nature of the most fundamental difference in the regulation of contractual relations in the Ukrainian and European legislation is that the latter is more based on the principles of freedom and confidence than on the needs of control over the activities of participants of civil turnover.

Authors and Affiliations

Marina Venetska

Keywords

contract law the UNIDROIT Principles

EP ID EP432491
DOI -
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