| Abstrakt: |
Recently, scholars and practitioners are paying increasingly more attention to the research of issues pertaining to contractual regulation of private-law relations based on the analysis of the fundamental theoretical provisions of the private-law theory through the prism of special conditions of the European integration processes in Ukraine. Of particular interest are the latest changes in the contractual regulation mechanism, not only from the perspective of the phenomenon of contract, its freedom, compliance with legal principles, but also in terms of the understanding of the freedom of a contract form, the structure of the ways to regulate contractual relations, its stages etc. Despite the large number of works focused on the above aspects in the private law doctrine, it should be noted that the issues relating to proper regulation of contractual relations, unfortunately, still remain unresolved and, therefore, their in-depth analysis would make it possible to form a new scientific vision of the approaches to improving the current legislation and its application practice. By its influence on private-law relations, contractual regulation of private-law relations in the European integration context is wider than the statutory regulation, since legislative regulation is aimed at streamlining these relations, and the contractual one - at organizing and forming thereof. It is the civil-law contract that is the unique social and legal construction of private law which predetermines its specifics and at the same time gives its parties the widest freedom of action, the opportunity to be a kind of "legislators" for themselves but within certain legal boundaries. Today, there is an urgent need for introducing the European methodology of the law of obligations, which is reflected in the need to combine new and well-known efficient constructions under the law of obligations, reduce the number and types of mandatory requirements and expand the scope of free initiative of the parties to contractual relations, thus making it possible to establish the criteria of their possible behavior. The purpose of the article is to analyze contractual regulation of private-law relations in the context of the European integration processes in Ukraine, and also to present the author's vision of their improvement. [ABSTRACT FROM AUTHOR] |
