Recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan: A comparative analysis of the main ideas

Systematic updating of the civil legislation of Ukraine and modernisation of the civil legislation of the Republic of Kazakhstan are time-consuming tasks as evidenced by the analysis of changes that were made to the civil codes of Ukraine and the Republic of Kazakhstan and their law enforcement practice. Work on updating civil legislation requires an assessment of the current state and prospects of socio-economic development of Ukrainian society and the state, in particular the development of such an important component as the national legal system, which is presented in the concept of updating the Civil Code of Ukraine. It is crucial that the main areas of the concept orient the development of civil law in Ukraine, considering the current experience of recodification of civil codes of other states within the continental legal family. Considering that civil legislation is also being modernised in the Republic of Kazakhstan, the purpose of this study is to compare the main ideas of recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan to establish a systematic approach and a unified concept for the development of civil law and form a clear guideline for the improvement of civil legislation. The study analyses the areas of updating the civil legislation of Ukraine and the Republic of Kazakhstan based on both general (historical, comparative, system analysis) and special (specific-sociological, formal legal, legal-technical, etc.) methods. One of the most reasonable ways to ensure continuity of legal regulation of civil relations and ensure the modernisation of the legal basis for the development of the sphere of social and legal relations in the long term is the approach that should preserve all the achievements of existing civil codes, considering modern European approaches and the specific features of civil and business turnover

ZMYŚLONE A RZECZYWISTE KODYFIKACJE. O KONKURENCJI KOMENTARZA I PODRĘCZNIKA W CYWILISTYCE LATYNOAMERYKAŃSKIEJ

With the “glosa” on the Siete Partidas (13th century) by G. López (16th century), Latin America possesses an excellent example of a commentary on a civil law code, actually one of the greatest of the civil law tradition. Yet, the Latin American countries did not develop, as a rule, a proper culture of commentaries, albeit they gave themselves civil codes around the middle of the 19th century. The most important of these codifications, the Chilean civil code by Andrés Bello, is even a conscious continuation of the tradition enshrined in the Siete Partidas. In most countries, authors prefer instead to write textbooks. This choice seems to be explained by the fact that this literary form gives them more freedom to distance themselves from their civil codes, which are considered rather historical monuments than living legal texts. Commentaries appear only where the civil lawyers deal with a modern codification which is the case in Argentina and Brazil.

A Német Szövetség váltójogi jogalkotása és annak hatása az Osztrák Császárságra és a Magyar Királyságra

Among the 19th century’s European legislative and codification processes nowadays’ jurisprudence is happy to highlight the creation of civil codes as a milestone in the development of civil law, however, we must not forget the flourishing of another, at least as important branch of private law: the commercial law. In parallel with the growth of overland and sea trade, with increasingly diversified commercial relations, commercial transactions developed, which may have served as a good basis for the development of private law. This study is the first in a series of commercial law history studies and presents the sources of different laws on bills of exchange in the German territories and the harmonizing legislation of the thousand-faced German Confederation, as well as its impact on the Austrian Empire, such as the Austrian law on bills of exchange and the Hungarian Kingdom's vicious, but ultimately rewarding independent legislative aspirations.

Optionality

This Chapter focuses on a distinctive characteristic of an important portion of contemporary rules of contract law that sets them apart not only from public law but also from other branches of private law (e.g. property and family law), i.e. that these rules can be set aside freely by the contracting parties. Contrary to national civil codes, however, positive EU contract law does not include many instances of non-mandatory rules. This raises the question of what exactly justifies the existence of such optional rules: should public institutions be providing elaborate sets of contract law rules if private parties can set them aside as they please, and, if so, what kind of considerations should determine the content of such rules? Similar questions can be asked with respect to other instances of optional contract law, such as choice of law in cross-border contracts.

Poređenje pravnog položaja žena u braku i nasleđivanju u Srpskom građanskom zakoniku iz 1844. i Građanskom zakoniku Kraljevine Italije iz 1865.

This paper deals with a comparative analysis of the legal position of women in the Serbian (1844, hereinafter SCC) and Italian (1865, hereinafter ICC) Civil Codes, considering the norms that regulate the position of women in marriage and those regarding inheritance. Confronting these two codes is relevant for various reasons. Firstly, it has not been done before in Serbian jurisprudence. Secondly, although based on different models (the Italian on the French Code, the Serbian on the Austrian Code, hereinafter ACC), each of them differs in some aspects from their model in the law of marriage and inheritance. Thirdly, it’s important from a historical aspect, because the Italian Kingdom had just been formed and the Serbians had relieved themselves of the centuries-long Turkish government, so there’s a similarity in the process of writing the codes. Although the writing styles of the codes are unalike, there are certain similarities in the provisions on marriage, the relationship between spouses, the relationship between spouses and children, and in terms of testamentary succession. For example, both codes give more rights to the husband (being the „head of the family”), and while the wife can write a will, she is not allowed to be a legal witness to another person’s will. There are several differences between the two codes, but most of them are negligible. For instance, both codes prescribe a parent’s permission for marriage, while the marriageable age that doesn’t require consent differs (i the ICC 25 years old for men and 21 for women, whereas in Serbia it’s 18 years old for both men and women). However, a few differences are relevant. The biggest one is the way in which intestate succession is regulated: the right to inherit is recognized to legitimate children regardless of gender in the Italian code, while in the Serbian code women are excluded from inheritance, which is one of the major differences between the SCC and ACC. In fact, when writing the code, Hadžić didn’t want this provision incorporated in the law, but it was added nevertheless. The second biggest difference between the ICC and the SCC consists in the fact that adultery is considered a reason for legal separation (and not divorce, because divorce was not allowed) in the ICC only if it is committed by the wife, while in the Serbian one the sex of the adulterer is not specified and can lead to divorce even if it’s done by the husband. Finally, the Serbian legislator also regulates the position of women in the „zadruga” (a type of joint family), in which women cannot be members, nor can they inherit, while that institute is not prescribed in the Italian one.

A translatological and forensic-linguistic study of the English translation of the German Civil Code

Since its promulgation in 1896, the German Civil Code, one of the most influential civil codes in the world, has been translated into English several times. Thanks to the Code’s jurisprudential quality, both its English translation and the translating process are of high value and offer various starting points for profound research. However, so far, there have been hardly any substantial studies of the Code’s English translation, neither from the comparative legal or forensic linguistic perspective nor from other angles. This paper attempts to make a substantive, interdisciplinary – i.e., forensic linguistic – content-related, and jurisprudential study of the Code’s English translation to address this research lacuna. To that end, it focuses on two aspects of the statute law’s provisions, i.e., respectively from the lexical and syntactic perspective.

Actio redhibitoria și influența acesteia asupra dreptului românesc

"By this paper, the authors aim to point out the essential elements that configure actio redhibitoria under Roman Law to relate them to the provisions of modern Romanian Law. To this end, the relevant provisions from The Digests of Emperor Justinian are analyzed, alongside the provisions of the most important Laws of the Second Phase of the Turkish-Fanariot Regime, namely the Calimach Code (1817) and the Caragea Law (1818). Likewise, the provisions of modern Civil Codes, from 1864 and 2009, are briefly pointed out, followed by final considerations regarding the influence of actio redhibitoria on current Romanian Law."

Codifying Credit: Everyday Contracting and the Spread of the Civil Code in Nineteenth-Century Mexico

Between the 1870s and the 1910s, municipal court officials in southernmost Mexico recorded contracts regarding small debts and credits in what they labeled libros de conocimientos. While only very rarely citing Mexico's new civil codes of the 1870s and 1880s, the contracts contained in these registers regularly engaged with the kinds of agreements, guarantees, and enforcement mechanisms laid out in the code. They also capture an active, if still elusive, quotidian credit market for the far from well-to-do. This article uses these registers to trace the creation and evolution of Mexico's civil code from the periphery of the country rather than its center. By looking at the ways farmers, smalltime merchants, housewives, and laborers made use of its forms and norms, we can see how liberal economic policy permeated society through use. The determination of everyday people to make good on the protections and possibilities of liberalized fiscal policy cemented that policy in everyday practice.

Legacy in the Republic of Serbia: Concept and types

The family is the basic cell of every society; in it the life of an individual rises, develops and disappears. Family relations are the basis of every social and state system. As a result, all state systems have been trying to keep family relations in peace for centuries. The death of a family member is one of the many factors that can disrupt family harmony, especially under the additional influence of property rights. Centuries ago, the issue of the testator's property was regulated by customary law, and then by legislation. The paper deals with the institute of bequest, as one of the forms of inheritance, with special reference to the types of bequests in the Republic of Serbia. For centuries, bequest has been the institutional of transferring the property and legal relations of the testator to the heirs. The will as we know it today in its form has its basis in Roman law, which had a great influence on the first European civil codes, the Civil Code and the Austrian Civil Code. These codes are still in use today, and their special significance is that they are a panda to all later adopted civil codes, ie to all later established civil legal bases. The Austrian Civil Code had a dominant influence on the settings of the regulation of civil law in the Republic of Serbia. Today, there are nine types of bequests. Each of them follows the life situations, circumstances and circumstances in which it arises.