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Title:

The issues of customary law in Andriy Yakovliv’s researches

ORCID:

0000-0003-4021-1980

Subject and Keywords:

Yakovliv, Andriy   customary law   Ukrainian law   folk sayings   community courts

Description:

Tekst pol., streszcz. ang., ukr.

Abstract:

Andriy Yakovliv 1872–1955 was a well-known law and history researcher, social activist and politician, one of the founders of Ukrainian legal science in the Diaspora, and a prominent representative of Ukrainian legal thought in the 20th century. During the Ukrainian Revolution of 1917–1921 he showed his political and administrative skills in important positions in the power system of the Ukrainian state. After its fall, he led a political and scholarly activity in exile in Czechoslovakia and the Republic of Poland, and after World War II in Belgium and the United States. Among Yakovliv’s scientific considerations on the subject of law, special attention is deserved by the problems of customary law. These researches are reflected in his numerous works.Customary law issues in Yakovliv’s research can be divided into three main blocks: the concept and nature of customary law; form of legal customs; organization and activity of customary law courts. He systematized the existing approaches to understanding the customary law into three groups: mechanical decisive in the context of the legal nature of the custom is a fact of uniform and long-standing observance of a certain type of behavior; spiritualistic they recognize the primacy of legal custom internal standing;mixed concurrently importance of both factors – implementation and recognition of legal customs.

Place of publishing:

L'vìv

Publisher:

L'vìvs'kij nacìnal'nij unìversitet ìmenì Ìvana Franka

Date issued:

2019

Identifier:

ISSN 2082-4939

Source:

PAd P 102216 II

Language:

pol   ukr   eng

Relation:

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2019, 10, s. 75-87

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Vidavnictvo L'vìvs'kogo nacìonalʹnogo unìversitetu ìm. Ìvana Franka

Autor opisu:

WR U/PAdbg