In the article, the reception of various private-law institutions of Roman law into the civil legislation of the Republic of Uzbekistan is examined consecutively, including the institute of pre-contractual liability (culpa in contrahendo). It is found that an intermediate stage of this reception was the methodological foundation of modern Uzbek civil legislation—the Soviet codification tradition and the CIS Model Civil Code. The ability to trace the chain of borrowing of principles and other foundational elements of the civil-law system, including in the Republic of Uzbekistan, creates conditions for adopting balanced solutions and tools for the modernization of civil law. The study notes that the creation of the CIS Model Civil Code was preceded by an aspiration to harmonize the civil-law framework for the interaction of various economic actors within the CIS, and the introduction of the institute of pre-contractual liability is a natural continuation of these efforts. It is established that Russia (Article 434.1 of the Civil Code of the Russian Federation) and Belarus (Article 404.1 of the Civil Code of the Republic of Belarus) have enshrined a special construct of pre-contractual liability with the possibility of recovering the negative interest; in Georgia, the institute is being formed on the basis of the general principle of good faith and judicial practice; other CIS countries are limited to general prescriptions without a special construct. And, in developing an approach to the institute of pre-contractual liability, it is necessary to take into account the common origins of this institute, which trace back to the codification of Roman law.
| Mualliflar | Kovshov, Temur, Ковшов, Темур, Ковшов, Темур |
|---|---|
| Jurnal | Жамият ва инновациялар / Общество и инновации / Society and innovations |
| Nashr sanasi | 2025-09-25 |
| Jild | 6 |
| Son | 9/S |
| Betlar | 58-66 |
| Til | Rus |
| DOI | 10.47689/2181-1415-vol6-iss9/s-pp58-66 |
DOI: 10.47689/2181-1415-vol6-iss9/s-pp58-66 · Maqolaning asl sahifasi
римское право, преддоговорная ответственность, Модельный кодекс стран СНГ, рецепция римского права, сравнительно-правовой анализ, Roman law, pre-contractual liability, CIS Model Civil Code, reception of Roman law, comparative-legal analysis, Рим ҳуқуқи, шартнома олди жавобгарлиги, МДҲ мамлакатлари намунавий кодекси, Рим ҳуқуқи ретсепсияси, қиёсий-ҳуқуқий таҳлил
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Жамият ва инновациялар / Общество и инновации / Society and innovations — barcha maqolalar