Keywords
pre-contractual liability
tort liability
harmonization of legislation
How to Cite
Abstract
The article is devoted to a theoretical and legal analysis of the concept of non-contractual obligations, which are an important component of contractual legal relations in civil law. Despite their importance, these legal relations require significant improvement, as current legislation does not always clearly regulate their aspects, which leads to legal gaps and contradictions in the practice of applying the norms. Therefore, effective regulation of non-contractual obligations is necessary to ensure legal certainty and stability in civil relations. In addition, the regulation of these obligations requires harmonization with European Union law, which is an important condition for Ukraine's further European integration, as the compliance of national legislation with European standards will contribute to the development of legal institutions in Ukraine. The article analyzes existing approaches to defining the concept of non-contractual obligations, as well as the criteria by which they can be distinguished from contractual obligations. The main characteristics of these obligations are identified, which allows us to reveal the essence of this legal institution. In addition, the paper provides a classification of non-contractual obligations, which makes it possible to systematize this large and diverse complex of legal relations, thus ensuring convenience in legal regulation and application of norms. Emphasis is placed on the importance of understanding pre-contractual liability as an independent institution that combines elements of both contractual and tort obligations. At the same time, it is emphasized that this institution cannot be considered transitional between the two categories of obligations, as it has its own specific characteristics that require separate legal regulation. The article pays particular attention to the harmonization of domestic legislation with the Principles of European Tort Law (PETL) and with the EU Regulation determining the law applicable to non-contractual obligations (Rome II). This harmonized regulation is crucial for the further development of civil law institutions in Ukraine, as well as for the integration of our country into the European legal community. The article examines how these documents can be adapted in national law to improve the mechanisms for protecting the rights of participants in non-contractual legal relations, as well as to ensure an adequate level of legal certainty and predictability.
References
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