Civil law plays an important social role, namely, the regulation of property and personal non-property relations, which all members of society are without exception. The Civil Code is often called the economic constitution of the state. Accordingly, the quality of civil law ultimately depends on the well-being of each individual. In addition, the improvement of the current legislation of Ukraine is a prerequisite for deepening the integration processes with the European Community. Thus, timely alignment of current legislation with current realities, part of which is the recoding of civil law, is certainly an important function of every state. The object of the study is the public relations that arise in connection with the recoding of civil law. The subject of the study was the normative acts of Ukraine, international normative acts, civil law doctrine. Scientific research methods such as analysis method, synthesis method, induction methods, and deduction method, and special-legal research methods, such as legal-dogmatic method and method of interpretation of legal norms, were used for the study. It can be conclude that Articles 387 and 391 of the Civil Code of Ukraine should be supplemented by the notions of the vindication and negatoria claims. In addition, there is a problem of competition vindication, restitution and condictia in Art. 1212 of the Civil Code of Ukraine. Secondly, the mechanism for transferring the rights and obligations of the buyer should be more explicit. Thirdly, there is a need to improve the statute of limitations according to the civil law of Ukraine.
The research analyses the main conceptual philosophical and methodological approaches to the comprehension of the property institute as a complex legal institution. The main philosophical and methodological aspects and concepts used in the study of the essence, legal nature and genesis of the property institute in the modern legal field are considered. The issue of the property institute in the context of philosophical analysis, its economic, legal, subjective and objective features and conceptual content are investigated. It is necessary to apply the main philosophical and methodological concepts while analyzing and studying of law in and of itself and the property institute in particular. This assertion is based on the fact that the relevance of philosophical comprehension of the law phenomenon as a whole, and certain legal phenomena in particular, is associated with both practical issues of the society’s development, and theoretical issues, directly related to the ideological and methodological support of law. It is established, that the fundamentality of the issue being solved in science is determined by the required degree of awareness of the integrity of scientific significance. Philosophical approach as a holistic form of methodological analysis can become a means of such awareness.
The article is devoted to the history of the emergence and formation of the institution of trust property in relation to various legal systems. The purpose of such a historical analysis of the institution of trust property is to find a possible place of this legal institution in domestic law, because trust property is a relatively new legal construct for Ukrainian law. The relevance of the article is to study the possibility of using the Anglo-American Trust Institute in Ukraine. The object of the study of this article is the legal relations arising from the institute of trust property. Methods of historicism, method of logic, method of analysis, method of synthesis, method of systematic research, and comparative-legal method were used in the study. The authors concluded that the institution of trust property goes back to one of the branches of English law. At the same time, the institution of trust is not inherent in the domestic legal system. However, since the 1990s, the domestic legislator has tried several times to introduce the relevant institution into Ukrainian legislation. So far, all of these attempts have failed.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.