The Civil Code of Ukraine ( uk, Цивільний кодекс України, ''Tsyvilnyi Kodeks Ukrayiny'') is a single normative legal act; Law of Ukraine, which is the main act of regulation of private law relations in Ukraine. It regulates personal non-property and property relations (civil relations), based on legal equality, free will, property independence of their participants. It was adopted by the Verkhovna Rada of Ukraine on 16 January 2003. Prior to the adoption of the Civil Code of Ukraine, the Civil Code of the Ukrainian SSR dated 18 July 1963 was in force on the territory of Ukraine (insofar as it didn't contradict the legislation of Ukraine adopted after the proclamation of Ukraine's independence after 24 August 1991).

History

The objective necessity of adopting a new civil code arose immediately after the proclamation of independence and the reorientation of economic development to a market path. At the same time, due to the difficult economic situation, many provisions of the Civil Code of the Ukrainian SSR, which contained provisions with the expression of amounts in rubles, lost their significance. To ensure the development of new economic relations, a number of laws were adopted, in particular “On Property”, “On Entrepreneurship”, “On Business Societies”. The development of the code has been carried out for over 12 years, however, until the adoption of the final version among the legal community of Ukraine, no consensus was reached on certain provisions of the code. In particular, there was no consensus on the question of the existence of collective property, the independence of family law and private international law. As a result, the book "Family Law", which formed the basis of the Family Code of Ukraine, was removed from the Civil Code. Also later, a separate Law of Ukraine "On Private International Law" was adopted. After adoption, the code was not signed by the President of Ukraine (the veto was applied, the act was returned to parliament with a number of proposals), but the Verkhovna Rada of Ukraine overcame the President's veto by its decision. The main remarks of the President, which have not lost their relevance today, boiled down to contradictions between the Civil Code and the Economic Code of Ukraine adopted on the same day. The codes used different techniques for constructing legal structures and different terminology, but at the same time a number of social relations were simultaneously regulated by two codes.

The structure of the Civil Code

Built on the pandect system, the Civil Code of Ukraine consists of six books, delimited by scope: # The Book One. General Provisions #* Chapter 1. Basic Provisions #* Chapter 2. Persons #* Chapter 3. Objects of Civil Rights #* Chapter 4. Transactions. Representation #* Chapter 5.

Term Term may refer to: * Terminology, or term, a noun or compound word used in a specific context, in particular: **Technical term, part of the specialized vocabulary of a particular field, specifically: ***Scientific terminology, terms used by scient ...

s and Conditions.

Statute of Limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In m ...

# The Book Two. Personal Intangible Rights of an Individual # The Book Three.

Ownership Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different ...

and Other

Property Rights The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically ...

#* Chapter 1.

#* Chapter 2. Proprietary Rights to Another's

Property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

# The Book Four.

Intellectual Property Rights Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...

# The Book Five.

Law of Obligations The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights a ...

#* Chapter 1. General Provisions on Obligations #* Chapter 2. General Provisions on

Contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

s #* Chapter 3. Certain Types of Obligations #* Subsection 1. Contractual Obligations (Chapter 54-77) #* Subsection 2. Non-Contractual Obligations (Chapter 78-83) # The Book Six. Inheritance Law There were 1308 articles in the code at the adoption time. Articles of the Code are divided into parts, which in turn can be subdivided into paragraphs.

Scope of regulation

In essence and purpose, the Civil Code is a code of

private law Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ( ...

, ie a leading act in the system of legislation governing relations in the private sphere, its provisions should apply not only to traditional "purely civil" relations, but also to the relations of related parties. Thus, to regulate family relations, when using hired labor, in the areas of natural resources and environmental protection, the norms of the Civil Code are applied in a subsidiary manner, ie in cases where these relations are not regulated by other (special) legislation.

Sources and literature

The Civil Code of Ukraine
Current version. * The Scientific and Practical Commentary on the Civil Code of Ukraine, in 2 volumes/Edited by O. Dzera, N. Kuznetsova, V. Luts - 5th edition, revised and supplemented - Kyiv : Yurinkom Inter, 2013 - .
Civil Law of Ukraine: Academic course: Textbook
in 2 volumes - 2nd edition, supplemented and revised, - Volume 2. Special Part. Kyiv: In Jure Publishing House, 2006. * Civil law of Ukraine. Contractual and non-contractual obligations: a textbook / Edited by S. Bychkova - Kyiv: KNT, 2006. - 498 p.

References

The Civil Code of Ukraine 2003
// The Legal Encyclopedia: n 6 volumes/ editorial staff of Yu. Shemshuchenko (editor in chief) nd others- Kyiv: M. Bazhan Ukrainian Encyclopedia, 2004. - Volume 6: T - Z. - 768 p. - . {{DEFAULTSORT:Civil Code Of Ukraine Law of Ukraine Politics of Ukraine 1963 in law 1963 in Ukraine Civil codes Private law January 2003 events 2003 in law 2003 in Ukraine

History

The structure of the Civil Code

Scope of regulation

See also

Sources and literature

References