Infopaket

Methodology of private law

081 право

Вибіркова дисципліна для ОП

Second

2023/2024

4 Semester

4

Achievement by graduate students of such competencies, skills and abilities as: the ability to apply general and special civil knowledge about the laws and methods of knowledge of private law; ability to identify, pose and solve problems in the field of private law; ability to prepare and resolve a civil case according to a certain methodology; ability to make informed decisions on the application and interpretation of civil law in resolving disputes arising in the field of private law; ability to evaluate the latest legal tools in this area. Reproduce deep knowledge within the specialization on the evolution of thought about certain elements of the legal system with the designation of innovations and modern technologies. Evaluate and analyze legal problems and practical legal situations, offer approaches to solving such problems.

Distance form

Know the main aspects of the formation and development of private law methodology, features of the system of private law methodology, the concept and types of basic (integral) doctrines of private law methodology; literature sources on the problems of private law methodology and the practice of applying its individual provisions. Be able to assess and determine the role and objectives of the methodology of private law, to distinguish and give a legal description of the interpretation and application of private law. Possess basic skills in solving civil law cases using a certain algorithm taking into account the peculiarities of the practical situation.

Forms of teaching and teaching methods of this discipline are aimed at studying the laws and methods of private law, legal norms and practices of their application, the study of the doctrine of the methodology of private law. Within the framework of the discipline the general characteristics of the methodology of private law are studied; methodology of sources and systems of private (civil) law; methodology of interpretation and application of civil law; characteristics of the peculiarities of solving civil cases. The course of the discipline involves in-depth study by students of theory, current legislation, legal literature, basic concepts and special terminology.

1. Dovgert A., Merezhko A. Methodology of Private International Law // Private law. - 2013. - № 1. - P. 43–48. 2. Maidanyk R.A. The doctrine of the Methodology of Civil (Private) Law of Ukraine. General Provisions // RA Maidanyk. - Law of Ukraine. - 2019. - № 1. - P. 58–74. 3. Methodology in Law: monograph / [. Bezkluby I., Hrytsenko I., Kozyubra M. and others]; for the head ed. Bezkluby I.. - К.: Грамота, 2013. – 658 p.. 5. Alexi R. Theory of Discourse and Human Rights // Philosophy of Law and General Theory of Law. - 2013. - № 1. - P. 74–98; [Electronic resource]. - Access Mode: file: /// D: /Downloads/filpr_2013_1_10.pdf6. Volovik O.A. Poglyad na pravo i rozvytok ekonomiko-pravovoho diskursu: monorafia / Volovik O.A.. - К.: Yurincom Inter, 2014. - 272 p. 6.Melnychuk O. S. Methodology of Jurisprudence : interactive manual / O. S. Melnychuk, V. V. Dudchenko, A. I. Bondarenko. Odesa : Pheniks, 2020. 78 p.

Lectures, seminars, independent work of the graduate student (student) on the basis of textbooks, abstracts, methodical recommendations, consultations with the teacher. Know: the main aspects of knowledge of patterns and methods in the field of private law, features of the system of private law methodology, literature sources, legislation defining the basics and features of the methodology of private law. Be able to apply methods of application and interpretation of civil law and transactions, taking into account the practice of resolving the relevant category of disputes, assess and determine the role and objectives of laws, legal categories, methods, legal norms and transactions in private (civil) law, determined methodology of comparative legal analysis of doctrines, legal norms, transactions in different legal systems. Prepare and resolve a civil case in accordance with a defined methodology and algorithm.

Semester forms of assessment: two tests - from 3 to 4 points each; supplementing the report from 2 to 3 points; two test questionings from 1 to 2 points for each (total: from 2 to 4 points); two essays from 3 to 5 points for each (total: from 6 to 10 points); report-presentation from 5 to 10 points; colloquium from 1 to 2 points; participation in the discussion from 2 to 3 points. For graduate students who have not reached the minimum threshold level of assessment (24 points), the final form of work, the maximum grade for which may not exceed 40% of the final grade (up to 40 points on a 100-point scale). The following are subject to assessment: the level of knowledge demonstrated in the response; activity in discussing issues; systematic work in the classroom; homework results

Ukrainian