PROBLEMS OF CIVIL LAW IN THE WORKS OF E. V. VASKOVSKIY
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 1
Abstract
In the article there is drawn the conclusion that the civil doctrine of E.V. Vaskovsky is stated, first of all, in the works devoted to the general part of civil law which have accurately expressed theoretical focus. Special value among civil law works of E. V. Vaskovsky has “The textbook on civil law” in which the author accurately recognized borders of the civil law subject definition, both deeply and fully characterized the main sub-branches of civil law which have the reflection also in the modern civil legislation of Ukraine. It is proved that in his civil law works, investigating the main civil institutes, E. V. Vaskovsky gave preference to the pandekt system of law before the institutional. Further, during the research of pandekt system of law, the author supplemented provisions of this system with the analysis of civil institutes which were unknown for the Roman Law, and arose in the law of the European countries. In the opinion of E.V. Vaskovsky, a real, liability, family and succession law, which are the main sections of civil law, make the structure of civil law. From the specified four subsectors of civil law the first two have property character as both - things and services have property value. However, characterizing structural elements of a Special Part of civil law in the textbook, the scientist-civilian notes that for full perception of civil norms it is not enough to be limited only to the specified elements. Realizing importance of the use in civil law of such concepts as legal personality, subjects, objects, transactions, it was offered by E. V. Vaskovsky to allocate the general concepts and categories in the separate section under the name “The General Part of Civil Law”. In it there was a place for definition of a concept of natural and legal entities, their legal capacity and capacity, a concept of objects of the civil rights, transactions, terms, terms of civil law and so forth. Along with it a real, liability, family and succession law entered a Special Part of civil law.
Authors and Affiliations
I. V. Korniyenko
Keywords
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