SPECIFICS OF THE CONCEPTUAL FOUNDATIONS OF EU CONTRACT LAW

Abstract

Introduction. The article examines the scientific concepts and theories that have become the basis for the creation of contract law in the EU and Ukraine.

The article summarizes the main results of the study. As a result of the analysis of scientific papers and regulatory sources of the European Union law, the author has found that the contract law of the European Union (EU) has a profound difference from the contract law of Ukraine in terms of conceptual approaches to the contract and contract law in the broadest sense. The difference lies in the difference in the philosophical worldview and the construction of the political, economic, and legal order of the European Member States of the European Union. A set of models of legal regulation of relations and agreements between the political leadership of these states served as the basis for the creation of a single legal order in the European Union. Therefore, the EU contract law is characterized by a pluralistic approach to the creation of contract law rules. Today, three scientific concepts - liberalistic, communitarian, and utilitarian - with the latter being privileged - have the largest share in EU contract law. On this basis, the regulatory constructs of the contractual sphere reflect the pluralism of economic and legal scientific theories. The analysis of contract law in Ukraine has shown its conceptual monism. The modern Ukrainian contract law is based on the remnants of the Marxist-Leninist concept of building legal regulation of social relations in general and contract law in particular, which remained in the Ukrainian legal system as a Soviet legacy. In recent years, under the influence of globalization and European integration, the theory of contract law in particular and the system of law in general, as well as the reforms of the administrative system and the judicial system in Ukraine, have been making attempts to adapt the changes inspired by liberal concepts and the theory of natural law on the basis of legal norms based on the normative legal understanding.

Conclusion. The author concludes that the success of adaptation and harmonization of EU legislation with the legal regulation of contractual relations and the effectiveness of application of the adapted legislative provisions in Ukraine depends on understanding the essence of the concepts and theories of contract law.