PAST, PRESENT, AND FUTURE OF COMPARATIVE CIVIL STUDIES

Abstract

The article covers the past, present, and future of the comparative civil studies. It states that today, during the recodification of the Civil Code of Ukraine, the gains of comparative civil studies contribute a lot to the powerful dynamics of the national civil legislation and practices of its application. The point is that it is the comparative civil studies that reveal the conceptual similarities and differences between and among certain civil law phenomena of the objective reality, and they underlie the conclusions and recommendations seeking to develop civil regulations and ensuring that the goal of the legal regulation of civil relations in Ukraine is achieved. The article covers polythematic comparative civil pieces of research presented in dissertations. A special attention was drawn to the subjects of the dissertations dedicated to various aspects of comparative civil studies approved by the academic board of the higher education institutions, faculties of law (law departments), and scientific and research law centres in Ukraine over recent several years. It is expedient to expand the existing geography of comparative studies: the civil law regulation of relations associated with primary, secondary, high school, and higher education; civil law regulation of corporate relations; intellectual property items; civil law regulation of mortgagor-mortgagee relations; contractual and non-contractual civil obligations; inheritance relations. It is worth studying the bigger range of intellectual property items (for instance, plant varieties, breeds of animals etc.), making the comparative civil studies more varied by studying unnamed agreements. It is also expedient to study special delicts in civil law, including: the reimbursement for damages caused by malicious software; the reimbursement for damages caused by viruses and other biologicals; the reimbursement for environmental damages, etc.