Methodology of private law
Course: Law. Doctor of Philosophy
Structural unit: Educational and Scientific Institute of Law
Title
Methodology of private law
Code
ВК 2.6
Module type
Вибіркова дисципліна для ОП
Educational cycle
Third
Year of study when the component is delivered
2022/2023
Semester/trimester when the component is delivered
4 Semester
Number of ECTS credits allocated
4
Learning outcomes
Achievement by postgraduate students of such competencies, skills and abilities as: the ability to abstract thinking, analysis and synthesis in the application of general and special civil law knowledge of the laws and methods of knowledge of private law; the ability to conduct independent research at the modern level in the field of private law methodology; the ability to formulate from new research positions the general methodological basis of their own scientific research, to realize its relevance, purpose and significance for the development of private law; the ability to qualify.
Form of study
Distance form
Prerequisites and co-requisites
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.
Course content
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.
Recommended or required reading and other learning resources/tools
1. Methodology of conducting sectoral legal research: a collective monograph / edited by O.O. Kot, A.B. Hryniak, M.M. Khomenko. Odesa: Helvetica Publishing House, 2022. 240 p.
2. Methodology in Law: a monograph / [I. Bezklubyi, I. Hrytsenko, M. Kozyubra, et al.
3. Doctrine of the methodology of civil (private) law of Ukraine. General provisions // R. A. Maidanyk - Law of Ukraine. - 2019. - No. 1. - pp. 58-74.
4. Kuznetsova N. S. Modern private law of Ukraine: vectors of European development / N. S. Kuznetsova, O. V. Kokhanovska // Bulletin of the National Academy of Legal Sciences of Ukraine. - 2016. - No. 3. - P. 49-55. - Access mode: http://nbuv.gov.ua/UJRN/vapny_2016_3_13.
Planned learning activities and teaching methods
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.
Assessment methods and criteria
Semester forms of evaluation: class presentation - from 5 to 7 points; supplementing the presentation - from 1 to 4 points; essential questions to the speakers (discourse) - from 1 to 3 points; reports and research papers - from 5 to 7 points; solving a case - from 2 to 5 points; two final (module) tests - from 5 to 7 points each (total: from 10 to 14 points).
For postgraduate students who have not reached the minimum threshold level of evaluation (24 points) during their studies, a final form of work is conducted, the maximum grade for which cannot exceed 40% of the final grade (up to 40 points on a 100-point scale). The teacher who conducts seminars has the right to exclude a graduate student from the final evaluation if he or she has not reached the minimum threshold level of evaluation during the semester. The following are subject to evaluation: the level of knowledge demonstrated in the answer; activity in discussing issues; systematic work in the classroom; results of homework.
Language of instruction
Ukrainian
Lecturers
This discipline is taught by the following teachers
Roman
Maydanyk
Civil Law Department
Educational and Scientific Institute of Law
Educational and Scientific Institute of Law
Departments
The following departments are involved in teaching the above discipline
Civil Law Department
Educational and Scientific Institute of Law