Abstract
Civil law plays an important social role, namely, the regulation of property and personal non-property relations, which all members of society are without exception. The Civil Code is often called the economic constitution of the state. Accordingly, the quality of civil law ultimately depends on the well-being of each individual. In addition, the improvement of the current legislation of Ukraine is a prerequisite for deepening the integration processes with the European Community. Thus, timely alignment of current legislation with current realities, part of which is the recoding of civil law, is certainly an important function of every state. The object of the study is the public relations that arise in connection with the recoding of civil law. The subject of the study was the normative acts of Ukraine, international normative acts, civil law doctrine. Scientific research methods such as analysis method, synthesis method, induction methods, and deduction method, and special-legal research methods, such as legal-dogmatic method and method of interpretation of legal norms, were used for the study. It can be conclude that Articles 387 and 391 of the Civil Code of Ukraine should be supplemented by the notions of the vindication and negatoria claims. In addition, there is a problem of competition vindication, restitution and condictia in Art. 1212 of the Civil Code of Ukraine. Secondly, the mechanism for transferring the rights and obligations of the buyer should be more explicit. Thirdly, there is a need to improve the statute of limitations according to the civil law of Ukraine.
Highlights
In 1991, Ukraine withdrew from the Soviet Union (USSR)
We are talking about the need of supplement of Articles 387 and 391 of the Civil Code of Ukraine with the names of claims by which property rights are protected, taking into account the well-established practice of applying these methods of protection and the unification of legislative acts governing the protection of property rights
It can be conclude that it is appropriate to take into account the gaps and contradictions investigated when formulating amendments and supplements to civil law acts in connection with their future updating
Summary
In 1991, Ukraine withdrew from the Soviet Union (USSR). with Ukrainian independence, our country declared a new economic course and began to actively implement the market model of the economy (Tkalych, Davydova, & Tolmachevska, 2020). The essence of civil society is that it is the result of reconciling the interests and relationships that are formed between private individuals and their established associations that exist and operate in a market environment (Kharytonov, Kharytonova, Tolmachevska, Fasii, & Tkalych, 2019). The European integration processes, that have been going on for several years in Ukraine, in particular – the need to adapt domestic legislation to the legislation of the European Union, necessitate recodification and the existing civil legislation. The adoption on 16 January 2003 of the Civil Code of Ukraine (hereinafter referred to as the CC of Ukraine) testified the fundamental change in the legal regulation of civil relations, which became the basis of the private law of independent Ukraine. There is an urgent need to review those legal constructions that have long been formed and do not take into account the needs of the present (Safonchyk, Hlyniana, Melnyk, & Pliushko, 2019)
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