RECODIFICATION OF CIVIL LAW: ISSUES OF THE GENERAL PART OF THE PANDEMIC SYSTEM IN DIALOGUE WITH GERMAN SCHOLARS

Abstract

The paper analyzes the prospects for improvement of several private law categories: subject, object, and transaction. Improvement of this legal matter is identified as one of the important tasks of updating (recodifying) the Civil Code of Ukraine. In this context, special attention is paid to the results of a series of international seminars organized in 2022 with the participation of the German Foundation for Legal Cooperation (IRZ). The author analyzes in detail the general approaches to improving the structure and content of the provisions on legal entities in the Concept for updating the Civil Code of Ukraine. Thus, attention is paid to returning to the conceptual framework of legal entities laid down in the Draft Civil Code of Ukraine. The author states that the concept of legal entities in the Draft Civil Code was based on European approaches to the types and organizational and legal forms of these participants in private law relations and took into account numerous EU directives on companies. The author outlines the main reasons for the deformation of the legal entity system proposed by the Civil Code of Ukraine drafters. In particular, this refers to adopting the anti-market Commercial Code of Ukraine simultaneously with the Civil Code, which “preserved” all the old approaches to the legal entity. The author identifies the main areas for updating the provisions on legal entities. The article pays special attention to the main provisions of the Concept on Things (property); the author identifies the place of the rules on things in the codification and important innovations of the Concept on Things. The author examines current trends in the development of regulation of contractual relations in European law. Particular attention is paid to the provisions of international documents on the unification of private law and modern civil law reforms in the EU.