Convergence of the Contract Law of Ukraine and EU Member States

2021 ◽  
Vol 10 (1-2) ◽  
pp. 123-137
Author(s):  
Volodymyr V. Luts ◽  
Andrii B. Hryniak ◽  
Mariana D. Pleniuk ◽  
Valeriia V. Krykoves
Keyword(s):  
Legal Protection ◽  
Contract Law ◽  
Private Law ◽  
European Union Law ◽  
Eu Member States ◽  
Contractual Obligation ◽  
Legal Structures ◽  
General Scientific ◽  
Individual Regulation

Abstract The purpose of the article is to analyse the modern contract law of Ukraine, which requires convergence with the provisions of the contract law of the countries of the European Community. The paper uses general scientific and special legal methods of scientific knowledge of private-law relations. The leading method of investigation of this issue is the modelling technique. In general, the issues of contractual regulation of private-law relations both in European Union law and in Ukraine are primarily addressed in terms of enhancing the role of the contract and shifting the emphasis from the statutory to individual regulation; strengthening the tendencies of the better legal protection of the interests of the weak side of the contractual obligation. Attention is drawn to the necessity of the introduction of a European methodology of binding law, which is reflected in the need for a combination of new and already known effective legal structures.

A Summary of the Philosophy of Contract

Boilerplate ◽  
2012 ◽  
Author(s):  
Margaret Jane Radin
Keyword(s):  
Contract Law ◽  
Exchange Theory ◽  
Freedom Of Choice ◽  
Contractual Obligation ◽  
The Core ◽  
Freedom Of The Will ◽  
Efficiency Theory ◽  
The Will ◽  
Theory Of Law

This chapter discusses the main streams of contract philosophy in order to elucidate the extent to which boilerplate is a permissible means of creating contractual obligation. In particular, it considers the deep embeddedness—the ineradicability—of the notion of voluntariness. It also compares and contrasts the economic efficiency theory of contract with the various theories based more directly on freedom of the will. The chapter first provides an overview of contract theory, focusing on autonomy (rights) and welfare theories, reliance theory, and equivalence of exchange theory. It then describes the basic premises of the economic theory of law, the role of incentives in maximizing social welfare, contract law, and property and liability rules. It shows that the existing philosophical theories of contract depend on the core notions of voluntariness, freedom of choice, or consent, thus making it difficult to incorporate boilerplate into the theories of contract.

scholarly journals Notariusz jako organ ochrony prawnej w świetle prawa polskiego i prawa Unii Europejskiej

2017 ◽  
Vol 107 ◽  
pp. 195-209
Author(s):  
Monika Setkowicz
Keyword(s):  
European Union ◽  
Direct Effect ◽  
Legal Protection ◽  
The Other ◽  
The European Union ◽  
European Union Law ◽  
Cross Border ◽  
Polish Law ◽  
Protection Authority

A NOTARY AS A LEGAL PROTECTION AUTHORITY UNDER THE POLISH LAW AND THE EUROPEAN UNION LAWThe paper aims to examine the role of a notary as a legal protection authority in Polish and European Union law systems. The European Union Regulation on Succession has changed the existing role of a notary. It has established the new institution of legal protection — a European Certificate of Succession. The competence to issue a European Certificate of Succession has been entrusted to the notaries beside the courts. This new notarial action has direct effect in the other Member States of the European Union. The scope of legal protection exercised by a notary went beyond national borders and its role has become cross-border.

Unifying European Contract Law: Identifying a European Pre-contractual Obligation to Inform

2005 ◽  
Vol 7 ◽  
pp. 135-159
Author(s):  
Paula Giliker
Keyword(s):  
Common Core ◽  
Contract Law ◽  
Private Law ◽  
European Contract ◽  
Acquis Communautaire ◽  
Cambridge University ◽  
Contractual Obligation ◽  
Obligation To Inform ◽  
European Contract Law

The movement towards common principles of European contract law has been described as inevitable. In the words of one of its foremost proponents, ‘it is a historic law that this unification is going to happen sooner or later’. It has been difficult to ignore in recent years the volume of work discussing developments in this area of law. One might note, in particular, the Private Law in European Context series published by Kluwer Law International and the Cambridge University Press Common Core of European Private Law project. Further, the publication of Communications by the EC Commission in 2001, 2003 and 2004 has served to promote an ongoing discussion on the nature and quality of the acquis communautaire and the ‘opportuneness’ of any form of non-sector-specific instrument in the area of European contract law. Such intervention, it has been said, forms ‘the riggings of a ship which is about to set sail’.

3. Private Law

2019 ◽  
pp. 59-93
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Final Section ◽  
Environmental Law ◽  
Tort Law ◽  
Environmental Problems ◽  
Contract Law ◽  
Company Law ◽  
Property Law ◽  
Private Law

This chapter provides an overview of different areas of private law and their relationship to environmental law including property law, tort law, contract law, and private law. The chapter begins by showing how the role of private law in addressing environmental problems is due to environmental law being applied law. Sections 3.3, 3.4, 3.5 and 3.6 give an overview of property law, tort law, contract law, and company law and their relationship to environmental law. This analysis shows that private law has a role in framing our understanding of environmental law and environmental problems, while environmental law and environmental problems also shape understandings of private law, and of property law in particular. The final section concludes by discussing the multi-dimensional nature of the interrelationship between private law, environmental problems, and environmental law in more detail.

KAUZA UGOVORNE OBAVEZE

2021 ◽  
Author(s):  
Samir Manić ◽  
Keyword(s):  
Legal Theory ◽  
Contract Law ◽  
Roman Law ◽  
Practical Significance ◽  
Contractual Obligation ◽  
The Law ◽  
The Impact

The paper discusses the impact of the reasons for the commitment on the validity of the contract. Due to the fact that most institutes of modern law find their origin in Roman law, the paper begins by presenting the role of the cause of obligation in Roman law. The author then analyzes the causal and anti-causal views of legal theory, all in order to emphasize the fact that the cause of the contractual obligation is theoretically a very controversial institute of the law of obligations. The last part of the paper is dedicated to the cause of contractual obligation in our contract law. Starting from the fact that the Law on Obligations accepts with its provisions the subjective and objective conception of the cause of the contractual obligation, the author points out that the objective conception of the cause of the contractual obligation, accepted through art. 51. ZOO, is a redundant institute that has no greater practical significance and which is successfully replaced by other institutes of law of obligations.

scholarly journals Analysis of the Legal Methods of Agricultural Land Protection in Central Europe On the Example of Poland and Bulgaria

2017 ◽  
Vol 25 (2) ◽  
pp. 58-71 ◽  
Author(s):  
Elżbieta Pawlikowska ◽  
Paulina Popek ◽  
Agnieszka Bieda ◽  
Ana Stoeva ◽  
Keyword(s):  
Agricultural Production ◽  
Agricultural Land ◽  
Legal Protection ◽  
Land Resources ◽  
Real Property ◽  
Natural Conditions ◽  
Land Protection ◽  
Eu Member States ◽  
New Eu Member States

Abstract For the management of agricultural real properties to be effective, it is required that information about the natural conditions and the existing infrastructure supporting agricultural production, as well as knowledge of the regional traditions, be provided. The management itself should also be based on sound legislation. Due to the fact that agricultural real properties are subject to special legal protection, this article aimed to analyze and assess the methods of managing agricultural real property in the new EU member states on the example of Poland and Bulgaria. This objective was implemented by presenting the structure of agricultural land and the state of agriculture, describing the agrarian reforms, determining the current role of spatial planning and the binding regulations in the management of agricultural land resources, as well as a description of the current surveying procedures. Basing on the outlined comparative characteristics, SWOT/TOWS analysis was performed. The result of this comparative study is the highlighting of the problems and recommendations for the management of agricultural properties in Poland and Bulgaria.

The Primacy of European Union Law over National Law Under the Constitutional Treaty

2005 ◽  
Vol 6 (11) ◽  
pp. 1479-1495 ◽  
Author(s):  
Roman Kwiecień
Keyword(s):  
European Union ◽  
Legal Order ◽  
Constitutional Treaty ◽  
European Union Law ◽  
European Constitution ◽  
Community Law ◽  
Eu Member States ◽  
Constitutive Principles ◽  
Community Legal Order

The primacy of Community law over national law of the EC/EU Member States was recognized as one of the constitutive principles of the Community legal order as early as before the signing of the Treaty establishing a Constitution for Europe on 29 October 2004. The primacy principle together with the principles of direct effect and of uniform applicability are believed to constitute not only the foundation of effectiveness of the Community legal order but also play the role of the pillars of the unofficial European Constitution. The primacy principle is even seen as the embodiment of actual transfer of constitutional power to Europe.

Unifying European Contract Law: Identifying a European Pre-contractual Obligation to Inform

2005 ◽  
Vol 7 ◽  
pp. 135-159
Author(s):  
Paula Giliker
Keyword(s):  
Common Core ◽  
Contract Law ◽  
Private Law ◽  
European Contract ◽  
Acquis Communautaire ◽  
Cambridge University ◽  
Contractual Obligation ◽  
Obligation To Inform ◽  
European Contract Law

The movement towards common principles of European contract law has been described as inevitable. In the words of one of its foremost proponents, ‘it is a historic law that this unification is going to happen sooner or later’. It has been difficult to ignore in recent years the volume of work discussing developments in this area of law. One might note, in particular, the Private Law in European Context series published by Kluwer Law International and the Cambridge University Press Common Core of European Private Law project. Further, the publication of Communications by the EC Commission in 2001, 2003 and 2004 has served to promote an ongoing discussion on the nature and quality of the acquis communautaire and the ‘opportuneness’ of any form of non-sector-specific instrument in the area of European contract law. Such intervention, it has been said, forms ‘the riggings of a ship which is about to set sail’.

Trade, Commerce, and the State in the Roman World

2017 ◽  
Keyword(s):  
Roman Empire ◽  
The State ◽  
Market Regulation ◽  
External Trade ◽  
Long Distance ◽  
Legal Structures ◽  
The City ◽  
Political Character ◽  
Different Sources

This interdisciplinary volume presents nineteen chapters by Roman historians and archaeologists, discussing trade in the Roman Empire in the period c.100 BC to AD 350, and in particular the role of the Roman state, in shaping the institutional framework for trade within and outside the Empire, in taxing that trade, and in intervening in the markets to ensure the supply of particular commodities, especially for the city of Rome and for the army. The chapters in this volume address facets of the subject on the basis of widely different sources of evidence—historical, papyrological, and archaeological—and are grouped in three sections: institutional factors (taxation, legal structures, market regulation, financial institutions); evidence for long-distance trade within the Empire, in wood, stone, glass, and pottery; and trade beyond the frontiers, with the East (as far as China), India, Arabia, and the Red Sea, and the Sahara. Rome’s external trade with realms to the east emerges as being of particular significance to the fisc. But in the eastern part of the Empire at least, the state appears, in collaboration with the elite holders of wealth, to have adapted the mechanisms of taxation, both direct and indirect, to support its need for revenue. On the other hand, the price of that collaboration, which was in effect a fiscal partnership, in slightly different forms in East and West, in the longer term fundamentally changed the political character of the Empire.

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