Reception of Roman Private Law in Ukrainian Civil Law as Confirmation of Belonging to the European Legal Family

Abstract

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law.