The Verkhovna Rada adopted in principle in the first reading the draft law (No. 14056) on amendments to the Civil Code of Ukraine, aimed at reforming private law, the parliament reported on Wednesday, writes UNN.
Details
A new version of Book One of the Civil Code of Ukraine "General Provisions" is proposed, which is the result of the recodification of the general part of civil law.
This document is an important stage in the reform of private law. It is aimed at bringing the Civil Code into line with modern social and economic realities, in particular digitalization and the development of market relations.
The draft law, as reported, clarifies the general principles of civil law, the status of individuals and legal entities, introduces the concept of digital things - such as digital assets, accounts or domain names. It also updates provisions on contracts, transactions, representation and limitation periods.
The recodification of the Civil Code is not only a legal process, but a restoration of the logic and modernity of Ukrainian private law. We are forming a legal basis that will meet the realities of the 21st century and protect every citizen. This is a step towards creating the most modern codification of civil law in Europe. The work continues, and the result will be a fundamental Code of Private Law - a clear, fair and living document for people.
It is proposed to enshrine at the normative level the concepts of "private law" and "private relations". At the same time, it is proposed to provide for a presumption of private relations: relations are considered private if their public nature is not defined by law and does not follow from the essence of the relations themselves.
It is envisaged to introduce more flexible rules for identifying a person: along with the traditional name, the use of a pseudonym/professional name, initials or a special digital code is allowed. The section systematically rethinks the status of a child: a child retains this status in relations with parents even after reaching adulthood.
It is also envisaged that representation can be carried out by power of attorney and/or on the basis of an agreement. This change recognizes that the contract of agency itself (or another contract, for example, an agency agreement) already grants powers to the representative, and for representation, the conclusion of an agreement may be sufficient if the parties so wish.
Personal rights in the digital environment are clearly defined: the right to be forgotten, the right to protection from deepfakes, the right to informational peace, the right to a digital image, and others. Existing and new personal rights are detailed: name, signature, image, voice, biometric and genetic data.
The draft law also introduces amendments to other laws of Ukraine in order to ensure their compliance with the new version of the Civil Code of Ukraine.
