DETERMINATION OF FREEDOM OF THE WILL IN THE EU AND UKRAINE CIVIL LAW

Abstract

The article analyses the determination of freedom of will in the civil law of the EU and Ukraine. The topic’s relevance is determined by the fact that in the conditions of the European integration of Ukraine, it becomes necessary to clarify the similarities and differences in the determination of freedom of will in the civil law of the EU and Ukraine. Thanks to this, it will become possible to harmonise Ukrainian legislation with international requirements, and a deeper understanding of the issues will be relevant for implementing European law. The article provides examples of the manifestation of the theory of free will in the legislation of EU member states and Ukraine. It was concluded that by choosing the natural-law model as a vector for developing national law, the legislator predicted the necessity of understanding freedom of will as the basis of the principles of civil law. Freedom of will should be recognised as the same fundamental idea as other principles of civil law. The article pays attention to the relationship between freedom of will and the principles of civil law in the EU and Ukraine. It was declared that EU member states' civil law principles have similarities and differences. Seven principles of EU civil law are usually distinguished: 1. The principle of “framed” autonomy; 2. The Principle of Protection of the Weaker Party; 3. The Principle of Non-Discrimination; 4. The Principle of Effectiveness; 5. The Principle of Balancing; 6. The Principle of Proportionality; 7. An Emerging Principle of Good Faith and a Prohibition of Abuse of Rights. The author emphasises that the issue of freedom of will occupies a central place in the civil law of the EU and Ukraine. At the same time, this concept has not been determined in the legislation, which is why it is considered expedient to enshrine in the civil legislation the author's definition of free will as the ability of a person to consciously, freely and independently make and implement decisions regarding participation in civil legal relations, through actions or inaction, orders subjective civil rights and performance of duties, as well as the ability to bear legal responsibility for them.