Volume 12 - Issue 68
/ August 2023
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http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2023.68.08.28
How to Cite:
Gramatskyy, E., Tsiura, V., Panova, L., Sabodash, R., & Bazhanov, V. (2023). Contract law in the conditions of recodification:
modernity and future prospects. Amazonia Investiga, 12(68), 303-312. https://doi.org/10.34069/AI/2023.68.08.28
Contract law in the conditions of recodification: modernity and future
prospects
Договірне право в умовах рекодифікації: сучасність та перспективи майбутнього
Received: July 9, 2023 Accepted: August 18, 2023
Written by:
Ernest Gramatskyy1
https://orcid.org/0000-0003-1260-2888
Vadym Tsiura2
https://orcid.org/0000-0002-2731-9930
Liydmyla Panova3
https://orcid.org/0000-0002-1393-8626
Roman Sabodash4
https://orcid.org/0000-0001-5707-1107
Valentyn Bazhanov5
https://orcid.org/0000-0002-6069-7976
Abstract
The relevance of the research lies in the study and
analysis of the impact of recodification on
contract law and the determination of its future
prospects. Recodification, which involves a
systematic revision and unification of legislation,
is necessary in connection with globalization, the
development of electronic commerce, and new
technologies. The change in social values also
creates a need to revise the legal frame, in
particular in the protection of consumer rights
and compliance with ethical norms. The study
proposes to identify problems, propose rational
solutions, and contribute to forecasting the future
development of the relevant field of law. The
purpose of the study is to study the impact of the
recodification process on the modern system of
contract law and to determine the prospects for
its development in the future. The
methodological basis of the research is based on
a combination of various scientific approaches
and methods that allow for a comprehensive and
comprehensive analysis of the research subject.
Some of the main methodological approaches
that can be used in this work include comparative
analysis, legal analysis, empirical research
1
Ph. D., Associate Professor of Civil Law Department, Taras Shevchenko National University of Kyiv, Address, Kyiv, Ukraine.
2
Doctor of Legal Science, Professor of Civil Law Department of Taras Shevchenko National University of Kyiv (Ukraine).
3
Ph. D., Associate Professor of Civil Law Department, Taras Shevchenko National University of Kyiv, Ukraine.
4
Ph.D., Associate Professor of The Department of Civil Law of The Educational and Scientific Institute of Law, Taras Shevchenko
National University of Kyiv, Ukraine.
5
Ph.D., Associate Professor of The Department of Civil Law of The Educational and Scientific Institute of Law, Taras Shevchenko
National University of Kyiv.
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methods, theoretical analysis, and historical
analysis. Actual problems and challenges faced
by the modern system of positive law are
identified; the advantages and disadvantages of
various models of recodification and their impact
on the modernity of the researched field are
clarified; an idea was obtained about the possible
directions of the development of contract law, in
particular regarding unification and
harmonization, protection of consumer rights and
consideration of ethical norms;
recommendations and proposals for improving
relevant legal norms in the context of
recodification are formulated.
Keywords: contract law, recodification,
international cooperation, electronic commerce,
cross-border agreements.
Introduction
The modern legal environment is characterized
by constant changes and rapid development.
Contract law, as one of the most essential
branches of civil law, plays a decisive role in
regulating relations between the parties to the
agreement. However, over time, new challenges
and problems arise that require updating and
modernization of legal norms. In this context, the
process of recodification of the researched
institute is gaining more and more importance.
Recodification, as a systematic process of
revision and revision of legislation with the aim
of its unification, simplification, and adaptation
to modern requirements, becomes a necessity in
connection with growing globalization and
international cooperation. The change in socio-
economic conditions, the development of
electronic commerce, and cross-border
agreements give rise to the need to establish a
unified legal framework for the effective
functioning of contractual relations. However,
the recodification of contract law faces numerous
challenges and problems, such as differences in
legal systems, diversity of legal traditions, and
differences in national and international levels of
regulation. Therefore, it is important to conduct a
scientific study to analyze the impact of the
recodification process on the modern system of
contracts and determine the prospects for its
future development. This study is of great
importance for the scientific community,
practitioners, and legislators, as the results of the
study will prepare the ground for further
theoretical developments in the researched field
and the creation of new legislative
recommendations. The research will also
contribute to the expansion of scientific
understanding of the analyzed category in the
context of recodification. Identification and
analysis of problematic aspects of the modern
contract relations will reveal its shortcomings
and potential for improvement. At the same time,
the study will take into account the impact of
technological progress, changes in social values,
and international dynamics on the recodification
of contract law. The results of the research will
also have practical value. They will help
legislators and practitioners to improve the
relevant regulatory framework, to ensure its
compliance with modern challenges and needs of
society. Recommendations and proposals based
on the results of the research can be used in the
formation of new legislative acts, the
development of contractual agreements, and the
creation of legal instruments that meet the
requirements of the modern world. In addition,
research on this topic will contribute to the
development of scientific discourse and the
exchange of ideas between scholars working in
the specified field and recodification. Interaction
and discussion of the obtained research results
will contribute to the further development of this
field, aimed at achieving even greater efficiency
and harmonization of contract law in the context
of recodification. Based on a methodological
basis, it sets itself the task of analyzing the
recodification process, identifying problems and
challenges, investigating the impact of
technological development and changes in social
values on contractual relations, as well as
determining the prospects for its future
development. The results of the research will
have important theoretical significance, will
contribute to the expansion of the scientific
Gramatskyy, E., Tsiura, V., Panova, L., Sabodash, R., Bazhanov, V. / Volume 12 - Issue 68: 303-312 / August, 2023
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understanding of the problematics researched,
and will prepare the ground for further
improvement of the regulatory framework and
practical application of the relevant data in the
context of recodification.
The subject of the research is the study and
analysis of the impact of the recodification
process on the modern system of contract law
and the determination of prospects for its
development in the future.
The main tasks of the research include:
1. Analysis of the current state of the problem.
Identification of essential aspects that
require recodification and modernization.
2. Examination of the recodification process.
Understanding the essence, methodology,
and basic principles of this process.
3. Study of the impact of globalization,
electronic commerce, and new technologies
on the analyzed relations. Assessment of the
need for unification and harmonization of
norms, and development of new legal
instruments.
4. Analysis of the practical experience of
recodification of the contract law. Study of
examples from different countries and
assessment of their effectiveness and
compliance with modern requirements.
5. Forecasting prospects for the development
of the researched field. Consideration of
trends in society, technological
development, and international cooperation.
6. Formulation of recommendations for
improving the legislative framework of the
analyzed topic. Offering rational solutions
and innovative approaches, taking into
account research results and future
perspectives.
The purpose of the research is to study in detail
the impact of the recodification process on the
modern system of contract law and to determine
the prospects for its development in the future.
Specific objectives include:
1. To analyze the current state of the analyzed
problematics and identify its problematic
aspects that require recodification and
modernization.
2. To study the process of recodification as a
systematic review and revision of
legislation, with the aim of its unification,
simplification, and adaptation to modern
requirements.
3. Determine the impact of globalization,
electronic commerce, and new technologies
on contractual relations and identify the need
for unification and harmonization of norms
for effective functioning in the international
context.
4. To analyze the practical experience of the
recodification of civil law in different
countries and to evaluate the effectiveness of
implemented solutions and compliance with
modern requirements and trends.
5. To forecast the prospects for the
development of the contract law in the
future, in particular, taking into account
technological development, changes in
social values and requirements, as well as
international trends.
6. Develop recommendations for improving
the legislative framework of contracts,
taking into account the results of the research
and future prospects, with the aim of
creating a modern, adapted, and effective
legal system.
Theoretical Framework or Literature Review
The degree of research on the topic can be
assessed as high. In recent years, research in this
area has undergone significant development,
which is reflected in a great number of scientific
works, publications, and conferences devoted to
this topic (Dovgert, 2023; Vasylieva, 2021;
Kostenko, 2021; Kachula, Khalatur, Tsikal, &
Kovalchuk, 2022; Gus, 2021.
Researchers actively study the current state of
contract law and analyze the problems and
challenges it faces in the context of changes in
society, globalization, and technological
development (Davydova 2020; Dovgert, 2019;
Kharytonov, 2021; Kharytonov, 2020). In
particular, comprehensive analysis of the
legislation and court decisions of various
countries is conducted.
For example, Hrytsenko (2014) considered the
methodological foundations of contract law
research. The author determined that this branch
of law plays an essential role in regulating
economic relations of exchange. Also, the author
noted that the main functions of this institute is to
regulate and ensure the balance of the interests of
various parties to the agreement. It is aimed at
achieving the economic efficiency of
relationships, supporting the principle of Pareto-
efficiency improvement, and distributing risks
that arise as a result of adverse uncertainty. In
addition, it ensures the economic efficiency of
the interaction of the parties. This means that
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contracts should contribute to the achievement of
the highest possible level of satisfaction of the
interests of the parties, taking into account
limited resources and opportunities. In addition,
it performs the function of reducing and
distributing risks arising from adverse
uncertainty of conditions or circumstances. The
author concluded that contracts act as a
meaningful tool for ensuring stability, balance,
and efficiency in the field of economic relations,
particularly in the context of concluding
contracts and their implementation.
Considerable attention is also paid to the study of
the process of recodification of contract law, its
essence, methodology, and principles. Proposals
for improving the legislative framework, and
creating new legal instruments and mechanisms
are being developed (Illarionov, 2020; Bilous,
2015; Dyminska, 2017; Kharytonov, &
Kharytonova, 2019; Luts, 2010; Podvirna, 2018).
Dovgert studied the recodification of the Civil
Code of Ukraine. The article examines the
problem of recodification of the Civil Code of
Ukraine (CC of Ukraine) and determines the
presence of factors and prerequisites for starting
this process. The term "recodification" is used to
describe systemic changes to an existing code (or
group of codes and laws) without creating a new
code from scratch. The author noted that one of
the main factors for the recodification of the CC
of Ukraine is the logical imitation of the further
transformation of society, in particular the
formation of a true and effective market
economy, which is a necessary component of
civil society. Ukraine is also actively striving for
integration with the European Union, which is
becoming an essential factor for reforms in all
spheres of society. The main goal of the
recodification of the CC of Ukraine is the further
"Europeanization" of the code. Another
significant factor is the global trend towards the
unification and harmonization of private law
regulation. Many countries, including Ukraine,
actively use globally applicable legal norms and
decisions developed within the framework of
international organizations for the unification of
private law. These norms-decisions are
embodied in numerous international documents.
Considerable progress has also been achieved in
forecasting the prospects for the development of
contract law. Researchers analyze trends and
changes in society, technological progress, as
well as international cooperation, particularly in
the context of harmonization and unification of
norms (Luts, 2009; Lyakh, 2014; Marusheva,
2016; Dzera, 2008; Dyminska, 2016;
Belyanevich, 2006; Omelchenko, 2013;
Osetynska, 2006; Plavych, 2017; Reznichenko,
2016).
Tertychnyi (2018a; 2018b) paid attention to the
analysis of global trends in the development of
electronic commerce in the context of
information globalization. The author analyzes
the influence of information technologies and
globalization processes on the development of
electronic commerce. It deals with various
aspects of e-commerce such as e-commerce,
e-business, e-marketing and others. The author
analyzes the main global trends in this field, such
as the growing popularity of mobile commerce,
the development of social commerce, the spread
of cloud technologies, and others. The article also
discusses issues related to e-commerce, such as
cyber security, personal data protection, legal
aspects and others. The author provides analysis
and recommendations for solving these problems
in the context of information globalization. In
general, the article by Tertychnyi offers a
detailed analysis of modern trends in the
development of electronic commerce, taking into
account global information processes. It can be
useful for scientists, researchers, students and
anyone interested in this topic.
In general, research on this topic shows
significant progress and a high degree of research
(Zazulyak, 2009; Yudin, 2017; Yavorska, 2008;
Volovik, 2013; Strybko, 2016; Reznichenko, &
Chumachenko, 2011). Continuation of work in
this direction will contribute to the further
development of contract law and the creation of
a modern, adapted and effective legal system.
Methodology
The methodology is based on a comprehensive
approach, the use of various scientific methods
and analytical tools. Collectively, this allows for
a comprehensive study of the contract law under
the conditions of recodification, to analyze
current trends, and to determine the prospects for
its future development. The main stages include:
Comparative analysis. Using a comparative
approach to study different models of
recodification and their impact on modernity and
future prospects. Different legal systems are
compared and their approaches to the
recodification and development of the analyzed
legal institute are analyzed.
Legal analysis. Application of methods of
interpretation of normative legal acts, contracts,
judicial practice, and doctrine to reveal the
essence and peculiarities of contract law in the
conditions of recodification. Legal norms are
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analyzed and interpreted, attention is paid to the
development of judicial practice and doctrine
regarding the recodification of civil legislation.
Empirical methods. Collection and analysis of
empirical data, including statistical data, helped
to obtain objective information about the real
state of the researched norms in the conditions of
recodification and prospects for its future
development.
Theoretical analysis. Using the methods of
theoretical analysis to formulate conceptual
provisions and generalizations regarding the
current state of contract law, its recodification,
and prospects for future development.
Theoretical concepts, models, and approaches
are used to analyze problems and find rational
solutions.
Historical analysis. A study of the evolution of
the contracts in the context of recodification,
including historical changes, trends, and the
impact of past recodification processes on the
current system of civil law.
Dogmatic method. It is used to reveal the content
of the norms of the civil law and their
interpretation. This analysis is based on a
systematic review of legal acts, judicial practice,
and scientific sources to reveal the essence and
scope of legal norms, as well as to identify
important principles and concepts.
Prognostic analysis. Forecasting of the
development of the relevant legal norms in the
conditions of recodification is carried out based
on the analysis of modern trends, challenges, and
innovations. This makes it possible to determine
the prospects and directions of the further
development of contract law, taking into account
changes in the socio-economic, technological,
and international environment.
Interdisciplinary approach. The application of an
interdisciplinary approach involves the
combination of legal knowledge with other
sciences, such as economics, sociology, politics,
technology. This allows taking into account the
wider context and the influence of other spheres
of life on the analyzed legal norms in the context
of recodification. The use of an interdisciplinary
approach deepens the understanding of complex
interrelationships and helps to find new
approaches to solving problems.
Regulatory and legal analysis. The use of
normative-legal analysis involves research and
analysis of current legislation, draft laws, codes,
and other normative-legal acts related to the law
on contracts. This makes it possible to assess the
impact of recodification on the existing
regulatory framework and identify the need for
relevant changes and modernization.
The general research methodology, based on the
use of these approaches and methods, allows
systematization and analysis of existing legal
norms, historical data, empirical information,
and taking into account the broader legal context.
This ensures scientific validity, objectivity, and
high-quality of research on contract law in the
conditions of recodification and determination of
its future prospects.
Results and Discussion
The definition and nature of contract law play a
key role in understanding this area of civil law.
This legal institute is an essential component of
civil law, which regulates relations between
parties to an agreement. It provides for the
establishment of rights and obligations between
the parties to the contract and determines the
legal regime of their relations. The definition of
contract law is that it is a branch of law that
regulates the conclusion, content, and
performance of contracts, as well as the
consequences of their violation. It establishes
legal mechanisms to protect the rights and
interests of the parties to the agreement and
contributes to ensuring stability and confidence
in the execution of agreements. The essence of
the analyzed legal institute lies in its main
characteristics and principles. This is a system of
legal norms that regulates the creation, content,
and performance of contracts. This branch is
based on such principles as freedom of contract,
equality of parties, good faith, compliance with
the agreement, and responsibility for its
violation. One of the important aspects of
contract law is the principle of good faith, which
stipulates that the parties must act honestly and
in good faith, taking into account the interests of
both parties. This ensures balance and mutual
benefit in the transaction and contributes to the
creation of long-term and sustainable
relationships between the parties. The law on
contracts also provides for the principle of
equality of parties, which means that all parties
have the same rights and opportunities to enter
into contracts, and their rights and obligations
must be equal and equal. Summing up, the
definition and essence of the analyzed institute
suggest that it is a branch of civil law that
regulates the creation, content, and performance
of contracts, as well as establishes legal
principles to ensure freedom of contract, equality
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of parties, good faith, and responsibility.
Understanding the meaning and essence of the
law on contracts is important for studying and
understanding the principles and norms that
determine its functioning and development
(United Nations, 1980).
The role of contract law in civil law is extremely
significant and essential. It acts as the main
regulator of relations between private individuals
and legal entities, ensuring their freedom to enter
into agreements, determining the rights and
obligations of the parties, and responsibility for
their fulfillment. One of the key roles of the
researched institute is to create a framework for
interaction between parties to an agreement. It
defines the rules by which the parties can enter
into contracts and determine their rights and
obligations. The law on contracts enables parties
to agree on terms that suit their interests and
needs, thus creating a framework for the
realization of their commercial and personal
goals. In addition, it plays an important role in
ensuring the protection of the interests of the
parties. It establishes legal norms that regulate
the performance of agreements, the resolution of
disputes, and the compensation of damages. This
contributes to the creation of trust between the
parties, ensuring their legal certainty and
stimulating the conclusion of contracts. One of
the important functions of the law on contracts is
the stimulation of economic development. It
promotes the expansion of business
opportunities, provides a legal framework for
concluding commercial agreements, and
regulates relations within the framework of a
market economy. Also it contributes to the
creation of a favorable climate for
entrepreneurship, attraction of investments, and
development of business relations, which
contributes to economic growth and prosperity of
society. Therefore, the role of the researched
branch in civil law consists of creating a legal
basis for interaction between private individuals,
ensuring their rights and obligations, protecting
their interests, and promoting economic
development. This role is decisive for ensuring
stability, justice, and development of civil
society.
The basic principles of contract law are the
fundamental principles on which this branch of
law is based. They define generally accepted
norms and values that govern the conclusion,
performance, and termination of contracts. These
principles are noteworthy guidelines for courts,
parties to the agreement, and other entities
applying relevant legal norms. The first basic
principle is the principle of freedom of contract.
It provides that the parties have the right to
conclude contracts on mutually beneficial terms,
following their interests and will. This principle
provides the parties with great flexibility and
autonomy in determining the terms of their
relationship. The second important principle is
the principle of good faith and fairness. It
provides that the parties must act decently,
adhering to the principle of good faith and
honesty. This principle is intended to ensure a
balance between the interests of the parties and
to protect vulnerable parties, as well as to avoid
fraud and unscrupulous behavior. The third
important principle is the principle of contract
performance based on the principle of keeping
promises. According to this principle, the parties
are obliged to fulfill their obligations according
to the terms of the contract. Contract
enforcement is an important element of contract
law, as it ensures the correspondence between the
expectations of the parties and the results of the
agreement. The fourth principle is the principle
of protection of the weaker party. It assumes that
relevant law should protect the interests of
weaker parties, such as consumers, employees, or
less experienced counterparties. This principle
helps establish a balance between the parties to
the agreement and prevents exploitation or unfair
treatment. The last, but no less important,
principle is the principle of compliance with the
contract based on the principle of good faith. It
provides that the parties must act in good faith
and accordance with the principles of justice
even in the event of unforeseen circumstances or
a change in circumstances. These basic principles
contribute to ensuring efficiency, fairness, and
stability in the relationship between the parties to
the agreement. They are an integral part of the
legal system that regulates contractual
obligations and contributes to the development of
the law on contracts as a vital branch of civil law.
The goals and objectives of the recodification of
the law on contracts are aimed at achieving
several main goals that contribute to the
improvement and compliance of legal norms
with modern requirements. The goals of the
recodification of contract law are to systematize,
unify, and modernize the legal norms governing
contractual relations. The main objectives of the
recodification include:
• Creation of a unified system of legal norms.
Recodification is aimed at creating a
coherent and logically structured system of
legal norms that covers all aspects of the
relevant law branch. This avoids
discrepancies and gaps in the legislation,
ensures the unity and comprehensibility of
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legal norms, and promotes their effective
application.
• Unification. Recodification is aimed at the
unification of legal norms that regulate
contractual relations. This allows to reduce
differences between the laws of different
countries and contributes to the creation of
common standards, which facilitates
international trade and cooperation.
• Modernization. Recodification aims to adapt
the analyzed branch to modern needs and
realities. This includes taking into account
new forms of business, technological
development, and changes in society and the
economy. Modernization of the law on
contracts contributes to its compliance with
modern challenges and ensures the effective
functioning of contractual relations.
• Ensuring legal certainty and protection of
the parties. Recodification is aimed at
creating clear, understandable, and
predictable legal norms. This ensures legal
certainty of the parties in their rights and
obligations and helps prevent disputes and
conflicts. Recodification also aims to ensure
effective protection of the rights and
interests of the parties to the contract.
• Creating a flexible and adaptive legal
environment. The recodification aims to
create a flexible and adaptive system of the
norms on contracts that can respond quickly
to changes in society, economy, and
technology. This makes it possible to ensure
the effective functioning of contractual
relations, to promote innovation and
business development.
In general, the recodification of the relevant law
is aimed at improving and unifying legal norms,
ensuring legal certainty and protection of parties,
as well as adaptation to the needs of modern
society. This creates a basis for stable and
progressive development of the researched
branch ov civil law in the future.
Tasks of recodification of contract law include:
• One of the main tasks of recodification is the
systematization and harmonization of legal
norms related to contractual relations. This
includes the analysis and classification of
legislative acts, judicial practice, and
scientific sources to create a consistent and
logically constructed system of legal norms.
• Recodification is aimed at the unification of
legal norms regulating contractual relations.
This means bringing together different
legislation within a single regulatory act or
creating common international standards.
Unification facilitates the settlement of
differences between different legal systems
and facilitates international trade and
cooperation.
• Recodification of contract law aims at
adaptation to modern needs and realities of
society. This includes taking into account
changes in the field of business,
technological development, electronic
commerce, innovative forms of contractual
relations, etc. Recodification makes it
possible to create a flexible and up-to-date
system of legal norms that meets the needs
of modern society.
• One of the tasks of recodification is the
creation of a legal system that ensures legal
certainty of the parties in contractual
relations. This includes a clear definition of
the rights and obligations of the parties, the
creation of mechanisms for the protection of
their rights, the provision of dispute
settlement procedures, and effective means
of fulfilling contractual obligations.
• Recodification of contract law is an ongoing
process as society changes, new
technologies emerge, and new needs arise.
Therefore, one of the tasks is the constant
updating and improvement of legal norms so
that they meet modern requirements and
ensure effective regulation of contractual
relations.
All these tasks are aimed at improving law,
ensuring its effectiveness, the confidence of the
parties, and adaptation to modern needs.
Recodification creates a basis for stable and
progressive development of the law on contracts
in the future.
Conclusions
In the future, various studies can be conducted in
this field, which will help reveal new aspects and
answer current questions. For example, research
can develop in the direction of studying the
effectiveness of recodification. Research can be
aimed at evaluating the results of the
recodification of contract law in different
jurisdictions. It is vital to find out to what extent
the recodification contributes to the improvement
of the legal regulation of contractual relations,
the simplification of procedures, and the
provision of greater legal stability. Another
option is to study the impact of technological
change on the researched branch. The
development of new technologies, such as
artificial intelligence, blockchain, smart
contracts, and others, is bringing significant
changes to the law on contracts. Research can be
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directed to analyzing the impact of these
technologies on the conclusion and performance
of contracts, as well as to the development of
legal mechanisms to regulate these processes.
• The task of analyzing the current state of law
on contracts made it possible to identify key
aspects that require recodification and
modernization. This includes adapting to
new e-commerce requirements, protecting
consumer rights, and taking into account
global trends in international trade.
• The task of researching the recodification
process made it possible to clarify the
essence of this process, its methodology, and
basic principles. It was found that the
recodification of contract law is a necessary
stage for improving its adaptability to
modern needs and ensuring the unity and
transparency of legal norms.
• The task of studying the impact of
globalization, electronic commerce, and new
technologies on the law on contracts
revealed the need for unification and
harmonization of norms, as well as the
development of new legal instruments for
the effective regulation of cross-border
agreements and the challenges arising in
connection with technological progress.
• The task of analyzing the practical
experience of the recodification of contract
law in other countries provided examples of
successful implementation of reforms and an
assessment of their effectiveness. This
experience can serve as a source of
inspiration and an example for improving
legislation under modern requirements.
• The task of forecasting the prospects for the
development of the analyzed branch made it
necessary to take into account trends in
society, technological development, and
international cooperation. The development
of new forms of commercial relations,
changes in consumer preferences, and legal
challenges associated with the growth of the
global economy require constant analysis
and adaptation of the legal acts.
• The task of formulating recommendations
for improving the legislative framework of
contract law includes offering rational
solutions and innovative approaches based
on the research results. This may include the
development of new regulations, and
assistance in the creation of international
treaties.
The goal of analyzing the current state of the
legal acts on contracts allowed identifying
problematic aspects that require recodification
and modernization. This includes adapting to e-
commerce, protecting consumer rights, and
taking into account global trends in commerce.
• The aim of the research on the recodification
process revealed its essence as a systematic
review and revision of legislation with the
aim of unification and adaptation to modern
requirements. Recodification of the law is an
important step to simplify and unify rules
and ensure their effective application.
• The goal of studying the impact of
globalization, electronic commerce, and new
technologies on contract law showed the
need for unification and harmonization of
norms to ensure effective functioning in the
international context. The development of
new legal instruments becomes a necessity
to address the challenges associated with
electronic commerce and global trade
relations.
• The goal of analyzing the practical
experience of the recodification of the
researched branch of the civil law in
different countries showed successful
examples of the implementation of reforms
and the assessment of their effectiveness. It
provides valuable conclusions and
recommendations for the further
development of contract law in the
commercial sphere.
• The goal of forecasting prospects for the
development of the analyzed field of law
ensures consideration of technological
development, changes in social values, and
international trends. Understanding the
future challenges and needs of commercial
society allows to develop of strategies for
the innovative development of contract law.
• The goal of developing recommendations
for improving the legislative framework of
contract law is one of the noteworthy goals
of the research. This includes proposals for
improving regulations, creating
international treaties, and innovative
approaches that take into account research
findings and future perspectives.
Bibliographic references
Belyanevich, O.A. (2006). Commercial contract
law of Ukraine (theoretical aspects). Kyiv:
Yurinko Inter. Retrieved from:
http://hozpravoreposit.kyiv.ua/handle/76543
2198/159
Bilous, O. S. (2015). Unification and
comparative analysis of contract law within
the framework of the UNIDRUA Principles.
Kyiv: Kyiv National University named after
Volume 12 - Issue 68
/ August 2023
311
http:// www.amazoniainvestiga.info ISSN 2322- 6307
Taras Shevchenko. Retrieved from:
https://acortar.link/BI2RKR
Davydova, I. V. (2020). "Contracts" and "deeds"
in terms of the recodification of civil
legislation. Odesa: Phoenix. Retrieved from:
http://dspace.onua.edu.ua/handle/11300/193
34
Dovgert, A. (2019). Recodification of the Civil
Code of Ukraine: main factors and
prerequisites for the start. Law of Ukraine, 1,
27-41. Retrieved from:
https://acortar.link/hhyLEf
Dovgert, A.S. (2023). Recodification of civil
law: the question of the general part of the
pandect system in dialogue with German
scholars. New Ukrainian law, 1, 20-27.
https://doi.org/10.51989/NUL.2023.1.2
Dyminska, O. Yu. (2016). Legal nature of certain
principles of EU contract law. University
scientific notes, 2, 213-219. Retrieved from:
http://old.univer.km.ua/visnyk/1546.pdf
Dyminska, O.Yu. (2017). Prospects of the
unification vector of the Europeanization of
contract law. Odesa: Phoenix.
Dzera, O.V. (2008). Contract law of Ukraine.
Kyiv: Yurinkom Inter. Retrieved from:
https://acortar.link/YPENwp
Gus, A.V. (2021). On the issue of digitalization
of contract law. Dnipro scientific journal of
public administration, psychology, law, 6,
14-25. Retrieved from:
https://acortar.link/kZCzzc
Hrytsenko, O. A. (2014). Methodological basis
of contract law research. Scientific works of
the Donetsk National Technical University.
Average: Economic, 3, 5-12. Retrieved from:
https://acortar.link/eZWjqA
Illarionov, O. Yu. (2020). The "three-seven-ace"
initiative regarding the recodification
(updating) of civil legislation. Kyiv: State
institution "Institute of Economic and Legal
Research named after V.K. Mamutov of the
National Academy of Sciences of Ukraine".
Retrieved from: https://acortar.link/bSTyqW
Kachula, S., Khalatur, S., Tsikal, M., &
Kovalchuk, O. (2022). Blockchain
technology in innovation development.
Modern Engineering and Innovative
Technologies, 4(25), с. 83–87. Retrieved
from: https://doi.org/10.30890/2567-
5273.2023-25-04-081
Kharytonov, E. O. (2021). Human rights and the
recodification of the Central Committee of
Ukraine: the need to change the emphasis.
Lviv: Lviv Polytechnic National University.
Retrieved from: https://acortar.link/3FoBVV
Kharytonov, E. O. (2020). Political values and
recodification of Ukrainian civil legislation.
Journal of Civil Studies, 36, 15-23. Retrieved
from:
http://dspace.onua.edu.ua/handle/11300/178
40
Kharytonov, E.O., & Kharytonova, O.I. (2019).
Recodifications of civil legislation in the
context of Ukraine's integration into the legal
space of the EU. Journal of Civil Studies, 34,
75-90. Retrieved from:
https://hdl.handle.net/11300/17749
Kostenko, O.V. (2021). Directions of
development of law in the field of Internet of
Things (IoT) and artificial intelligence.
Actual problems of domestic jurisprudence,
3, 130-136. https://doi.org/10.15421/392161
Luts, V. V. (2009). Trends in the development of
contract law of Ukraine in modern
conditions. Law of Ukraine, 8, 8-11.
Retrieved from:
https://pravoua.com.ua/en/store/pravoukr/pra
voukr_2009_8/
Luts, V. V. (2010). Contractual law of Ukraine:
present state and the development trends.
Scientific Works of National Aviation
University. Series: Law Journal "Air and
Space Law", 2(11), 52-55. Retrieved from:
https://doi.org/10.18372/2307-9061.11.8533
Lyakh, V. V. (2014). Change of socio-cultural
values during the transition to the information
society. Multiverse. Philosophical almanac,
1, 3-26. Retrieved from: http://surl.li/icges
Marusheva, O.G. (2016). Contract law: a
summary of lectures. Kharkiv: Monograph.
Retrieved from: https://acortar.link/Ju5Cpp
Omelchenko, A. (2013). Application of the
principles of European contract law in
commercial practice in Ukraine. Legal
Ukraine, 7, 37-41. Retrieved from:
http://surl.li/icgva
Osetynska, G. A. (2006). Civil law protection of
consumer rights under the legislation of
Ukraine. Kyiv: Kyiv National University
named after Taras Shevchenko. Retrieved
from: http://surl.li/icgkc
Plavych, V.P. (2017). Law and economy in the
conditions of globalization (main
development trends). Market economy:
modern management theory and practice,
15(1), 32-45. Retrieved from:
https://acortar.link/XBEk4G
Podvirna, O.V. (2018). Institute of contract law:
the need for reform and prospects for
development. Journal of the National
University "Ostroh Academy", 2(18), 26-33.
Retrieved from:
https://lj.oa.edu.ua/articles/2018/n2/18povtpr
.pdf
Reznichenko, S.V. (2016). The evolution of the
contract as a result of changes in social
relations. Bulletin of Odessa National
312
www.amazoniainvestiga.info ISSN 2322- 6307
University. science of law, 21(28), 27-38.
Retrieved from:
http://heraldlaw.onu.edu.ua/article/view/938
11
Reznichenko, S.V., & Chumachenko L.V.
(2011). Evolution of the contract and its role
in civil legal relations. Legal Bulletin of the
Black Sea Region, 3(3), 214-223. Retrieved
from: https://acortar.link/UPvzHv
Strybko, T.I. (2016). Normative legal contract
and contractual process in sovereign Ukraine.
Odesa: National University "Odesa Law
Academy". Retrieved from:
http://dspace.onua.edu.ua/handle/11300/499
4
Tertychnyi, J.S. (2018a). Analysis of global
trends in the development of electronic
commerce in the context of information
globalization. Economics and management
organization, 3(31), 18-39. Retrieved from:
https://jeou.donnu.edu.ua/article/view/6327
Tertychnyi, J.S. (2018b). Trends in the
development of electronic commerce in the
context of information globalization. Kyiv:
National Aviation University. Retrieved
from: http://surl.li/icgbj
United Nations (1980). Convention on Contracts
for the International Sale of Goods. Retrieved
from: https://acortar.link/TM6mX8
Vasylieva, V.A. (2021). Recodification of
contractual obligations: a subjective view.
The contract as a universal form of legal
regulation. Ivano-Frankivsk: Prykarpattia
National University named after Vasyl
Stefanyk. Retrieved from:
http://lib.pnu.edu.ua:8080/handle/12345678
9/15903
Volovik, O. A. (2013). Evolution of the purpose
of contract law through the prism of the
economic approach: (history and modern
trends). Bulletin of the Supreme Council of
Justice, 2, 125-138. URL: http://surl.li/icgvr
Yavorska, O.S. (2008). Contract law as a
regulator of civil relations. Socio-economic
problems of the modern period of Ukraine, 6,
27-29. Retrieved from:
http://dspace.nbuv.gov.ua/handle/123456789
/12312
Yudin, Z.M. (2017). The contract as a legal
instrument: to the question of the functional
nature of the contract. Legal novels, 3, 15-36.
Retrieved from: https://acortar.link/Zfjkl3
Zazulyak, I. I. (2009). Essential terms of the
contract: theoretical aspect. Kharkiv: Kharkiv
National University of Internal Affairs.
Retrieved from:
https://mydisser.com/dfiles/49482761.doc