Department of Civil law and procedure

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Lviv civil school has gone a long way. Its formation is associated with the creation of the Faculty of Law. Back in 1784, during the creation of the Faculty of Law, in its structure the department of civil, private and criminal law (later – the Department of Roman and civil law, civil law department). Austrian law professor B. Borzaha delivered lectures on Austrian law., using in his lectures on civil law textbook materials from the textbook “Elements of civil law …” (“Elementa Juris civilis …”) by J. Haynetsius, a German lawyer, but as a lawyer-practitioner he was one of the co-authors of Austrian Civil Code of 1792. Another professor of the faculty of Law of the University A. Pfleher. participated in the development of Austrian Civil Code of 1811 in the late XVIII – early XIX century. In 1797 the department of civil, private and criminal law was renamed into the Department of Roman and civil law, and since 1806 – the Department of Civil Law. Its first Chairman was one of the most prominent lawyers of Austrian Empire in Austrian civil law H.E. Vinivartep.

Since the second half of 1850 academic subjects at the Law Faculty of Lviv University were divided into compulsory (with obligatory exams) and optional. Thus, in   1855 – 1856 academic year among compulsory subjects in the third year of study was Austrian civil law (A. Fanhor), Austrian civil law and Austrian trade and exchange law (A. Horak) [15]; in academic year among the compulsory subjects in the second year such subjects as “the general system of German law and its relationship with the Austrian private law” (F. Bischof), in the third year – Austrian Civil Law (A. Fanhor) were taught. In 1857-1858 academic year among the compulsory subjects in the third year of studies at Law Faculty was Austrian general civil law (A. Fanhor), in the fourth year – Austrian civil procedure, with the exception of property disputes (A. Horak) [16]. Since the 1860s O. Lopushanskyi started teaching in the Ukrainian language at the Department of Civil Procedure of Law faculty. Another researcher of Civil law and procedure at that time was A. Horak. In 1863/1864 academic year among other subjects taught to Law students was Austrian Civil Law and Procedure (A. Moore), Austrian civil procedure, Austrian trade and exchange law (A. Horak), Austrian civil litigation in Ukrainian (O. Lopushansky). In 1868-1869 academic year among civil subjects taught at Law faculty was Austrian general private law (property law, Law of Obligations) (A. Fanhor); Austrian general private law (property rights, contractual right (F. Zhrudlovskyi), Austrian civil procedure (von Richter A. Moore), Austrian civil litigation in Ukrainian (O. Lopushanskyi), trade and exchange law (A. Moore). The development of civil law as a research direction of the late XVIII – the first half of the nineteenth century at the University of L’viv was caused by the need to develop the Civil Code of Austria. and as a result, in 1790 the court commission on legislative matters, headed by K. Martini was created. It had to develop codification acts of civil and criminal law of Austria, and complete Austrian Civil Code of 1786. B. Borzaha as a famous civilist was involved into codification work. Among the improved were, for example, provisions of the sections on the duties and responsibilities of judges, on the rights of illegitimate children. In 1797 the revised Civil Code under the title” The Civil Code of Western Galicia was introduced in Western and Eastern Galicia.

After the adoption of the Civil Code of 1797 Polish feudal civil law [6, p. 50-51was terminated in Galicia]. Austrian Civil Code of 1811 reflected the views of one more professor who worked at the Faculty of Law of Lviv University – namely, K. Hyuttner.

It should be noted that in 1917 the parliamentary commission was set up, headed by S. Dnistryanskyi, which was to develop proposals for improving the Code of 1811, however, its achievements were not put into practice due to the collapse of Habsburg Empire [4, p. 46-51]. In the last quarter of the nineteenth the first third of the twentieth century, there were several research schools of civilists, separate schools of civil law and procedure which later were united into one research field of Civil Law and Procedure. In the last quarter of the nineteenth century. civil law and procedure was developed by Olexander Ohonovskyi, Maurycy Kabat, Edward Rittner, August Balasits, Ernest Till, Stanislav Dnistryanskyi, Volodymyr Verhanovskyi. The Ukrainian Olexander Ohonovskyi (1848-1891 habilitated) in 1874. A. Ohonovskyy held the position of supplant (1872-1873), private-docent (1873- 1877), extraordinary professor (1877-1882) ordinary professor (since 1882) of Austrian private and civil rights lecturing in Ukrainian. He successfully worked as a scholar, being the author of such works as “On natural duties”(1890) and “Obligatory and inheritance Law” (1897). Maurycy Kabat taught at Lviv University until 1883. He was also a student of the Law Faculty of Lviv University, graduating in 1838. Later M. Kabat was engaged in the councellor’s practice. In 1867-1870 he occupied the position of extraordinary, and in 1870-1883 years he held the positrion of ordinary professor of Lviv University. Edward Rittner was born in 1845 in Burshtyn (now Ivano-Frankivsk region). After graduating from the Law Faculty of Lviv University (1868), he defended his doctoral work on law in 1870, and three years later he received Habilitation. E. Rittner’s research interests included canon, civil and private Austrian law. In 1872-1874 years he was a supplant, and from 1874 to 1886 a professor at the Faculty of Law. Balasits was born in August 1844 in Kolomyia. Future prominent researcher and known lawyer in Austrian law graduated from Lviv University, in 1868 he received a doctorate degree in law and in 1873 habilitated in civil law and procedure. His career A. Balasits started in State Treasury, and only in 1880 started teaching as extraordinary professor (1880-1886), ordinary professor (1886- 1915) of Civil Law and Procedure at Lviv University. Between 1888 and 1893 A. Balasits also taught Finance Law for the students of Law faculty. As a lecturer of Lviv University, A. Balasits participated in the discussions on the new Civil Procedural Code of Austro-Hungarian Empire, adopted in 1895. Among his most famous students were Camille Stefko [9, p. 171]. Ernest Till was born in 1846 in Berezhany (now Ternopil region). From 1865 he studied at the Faculty of Law of Lviv University. In 1871 he received his doctorate degree in law, and in 1879 habilitated in Austrian civil law. At first E. Till taught law at the Graduate School in Dublyany farming, forestry school, worked in different courts. In 1885 he was appointed a supplant of civil law at the Law Faculty of Lviv University. In 1888 E. Till became a titular professor, in 1895 an extraordinary professor, and from 1905 – ordinary professor of the department of civil law at Lviv University. After the family and Canon Law Lecturer E. Rittner left his post in 1886, and in 1891 died the Professor of Civil Law A. Ohonovskyi Professor E. Till was the only Austrian civil law lecturer at Lviv University. He systematically studied Austrian civil law: general provisions of Austrian civil law, proprietary rights, duty law, family law, succession, competition law (his works of early 1900s). It is necessary to add that in 1921 he was appointed Honorary Professor of Civil Law at the University of Jan Kazimierz. During his many years of work at Lviv University E. Till developed Lviv school of civil law. More than 200 works belong to his authorship, including four-volume research “On Austrian Private Law “((Prawo prywatne austriackie) (Lviv, 1884-1904). Ernest Till was one of the first among Polish lawyers who drew attention to the protection of personal, non-proprietary rights of inventors. In fact, as many researchers state, during the late nineteenth early twentieth century personal, non-proprietary, rights of inventors were not singled out, the focus was mainly on financial interests. In this respect, copyright was far ahead of patent law.

As   E. Till noted, the rights of inventors bore purely proprietary character” In the article on legal significance of automated machine” (“O znaczeniu prawnem automanu” E.Till explored such innovation in the legal field as the use of machines ( installed in public areas, restaurants, train stations). These relationships also make the content of legal act which entails legal consequences. Since in the   use (exploitation) of machines we can see the result of joint will of two parties, which is focused on a certain legal effect: offer on the one hand, acceptance, on the other hand, and then elements of the agreement [3, p. 35-39]. One of the most prominent Ukrainian lawyers Dnistryanskyi S. (1870-1935) was born in Ternopil. In 1893 he graduated from the University of Vienna, then studied in Leipzig and Berlin. In 1894 S. Dnistryanskyi received a doctorate degree in law, and in 1899 habilitated on the basis of his work “The essence of contract agreement (Das Wesen des Werklieferungsvertrages). Since 1898 the scholar held the position of assistant professor, then extraordinary professor and from 1907 to 1918 ordinary professor of Austrian Civil law with Ukrainian tuiton language at Lviv University. However, in the years of 1907-1918 S. Dnistryanskyi was an ambassador to the State Council in Vienna, and in 1917 the chairman of the subcommittee on civil law reform in the Chamber of ambassadors of the Austrian Parliament. The sphere of Dnistrianskyi’s research interests included civil and constitutional law, he even created his own concept of state and law. S. Dnistryanskyi also worked on creation and standardization of Ukrainian legal terminology. The scholar may be called the founder of the national statehood movement in Ukrainian politics, the author of the political concept of the Ukrainian state. S. Dnistryanskyi also initiated the establishment of the Society of Russian-Ukrainian Lawyers [13, p. 448]. Ukrainian Volodymyr Verhanovskyi (1876-1946) was born in the village of Lukovitsi Vyzhni (now Stryi district, Lviv region). In 1898 he graduated from Lviv University, after which he studied at Vienna and Berlin universities from 1904 to 1905. W. Verhanovskyi received doctorate degree in 1900, and in 1908 passed Habilitation on the basis of “Collateral Intervention”. During 1900-1908 he worked as a court adjunct in Lviv regional court later in Zolochiv and Pidvolochysk. From 1908 to 1918 he worked as Docent of private Austrian civil procedure with Ukrainian tuition language at Lviv University. As a scholar, he was primarily interested in civil law. After the liquidation of secret Ukrainian university in the city the scholar was a district judge in 1929 and subsequently an appellate judge in 1939. After the collapse of Austro-Hungarian Empire, and defeat of Ukrainians in Polish-Ukrainian war 1918-1919, Eastern Galicia appeared under the rule of renewed Poland. The Ministry of Education and Recognition of Beliefs of this state announced that it took the University of Lviv under its care. On November 22, 1919 it was given the name of Jan Kazimierz. Classes at the University were no longer conducted, the departments and faculties did not work, [7, p. 54]. According to the resolution of the Council of Ministers of Poland on 26 February 1920 the building of the Galician seim which ceased to operate de facto in 1914, and de jure in   1918 was transferred to Lviv University. During the interwar period civil studies developed the utmost at the Law faculty of Lviv University. The leading experts in the field of law were Roman Lionshan de Berye, Ernest Till (civil law) and Camille Stefko (Civil Procedure). Roman Lonshan de Berye(1883-1941 was born in Lviv. He studied at the Faculty of Law at Lviv and Berlin Universities and in 1906 became a doctor of law, and in 1916 habilitated in Civil law on the basis of his work “The study of the essence of the legal person” Studya nad istota osoby prawniczej”). In the years between 1906-1920 R. Lonshan de Berye worked at the prosecutor’s office. In 1920-1922 he was an extraordinary professor, and from 1922 ordinary professor of civil law at Lviv University. In 1930 the scholar became one of the initiators of judicial studies at the Law Faculty of Lviv University.

In the years of 1925-1928 a graduate of Lviv University of 1925, Doctor of Law Kosinskyi Tadeusz (1902-1940) worked as an assistant of the Department of Civil Procedural Law (1925-1938), and in the years 1933-1939 as a senior assistant of civil procedural law of Lviv University. In the years 1925- 1938 Adam Karpushko worked as a lecturer of the Department of civil law o Lviv University [14, p. 652]. Fiyema Joseph was born in 1910 on the territory of the present Malopolska Region (wojewodztwo). He studied at the Faculty of Law of the Catholic University of Lublin and Lviv. The scholar received a doctorate degree in law, defended his work entitled “On appealing against the actions of the debtor, which caused damage to the lender” (“O zaskarżeniu czynności dłużnika zdziałanej ze szkodą dla wierzycieli”) (1938). During 1934-1939 Fiyema Joseph served as a lecturer of the Department of civil law of Lviv University. In the years of 1937-1939 a graduate of the Faculty of Law, Master of Law Josef Kokoshka held the position of an assistant (1914-1994) [14, p. 652]. Karl Stefko (1875-1966) was born in Zolochiv. The future scholar studied at the Faculty of Law at Lviv and Berlin universities. In 1902 he received a doctorate degree in law, and in 1907 he habilitated in Civil Procedure on the basis of his thesis “On the application of Austrian Civil Procedure” (“O mieszkaniu wedle austryackiej procedury cywilnej”). In the years 1910-1916 Karl Stefko was an extraordinary professor, and in 1916-1939 years – an ordinary professor of Lviv University. During the interwar period, he was also the director of the Institute of Slavic peoples’ rights at Lviv university. Among research papers of Lviv period belong primarily Karl Stefka’s research “Diplomatic exemption from jurisdiction in civil cases” (“Dyplomatyczne zwolnienia od jurysdykcyi w sprawach cywilnych”) (Lviv, 1938). In this study, Karl Stefko touched upon the problem of different areas of law, including international ones. For example, in its first chapter, the author posed the question “Diplomatic immunity – a domestic institution or state law institution of international law?”.

The son of M. Allerhand Joahim Allerhand, born in 1897 in Lviv, also graduated from Law faculty of Lviv University. During the years 1924-1934 he was an assistant of the Department of civil Procedure under the supervision of Karl Stefko. In 1927 a young scholar published his work “Several procedural comments associated with the formation of the enterprise Polish State Railways ” (“Kilka uwag procesowych z powodu utworzenia przedsiębiorstwa” Polskie Koleje Państwowe “”) in the journal “Głos Prawa” the work of the young scholar “Several procedural remarks connected with the establishment of the enterprise “ Polish State Railway “, and in 1939 his monograh “ Transitional provisions of the provisions on the improvement of legal proceedings” ( “Przepisy przejściowe dekretu o usprawnieniu postępowania sądowego” (1939) [8, p. 133]. was published in Warsaw. At the department headed by Karl Stefka worked other well-known future lawyers, including, Maryan Valihurskyi, Vladislav Mikushevskyi, Roman Demyanovsky . Valihurskyi Marian (1903-1953) graduated from Lviv University (1925). In 1929 he received a doctorate degree in law, defending his work “On legal dependence” (“O zawisłości prawnej”), and in 1936 habilitated in civil procedure due to his research work” The grounds for appeal in a civil trial against the background of the difference between the fact and law “(“Podstawy kasacyjne procesu cywilnego na tle różnicy pomiędzy faktem i prawe”). During the years 1927-1940 M. Valihurskyi served as an assistant at the Department of civil procedure headed by K. Stefko. M. Valihurskyi is considered one of the greatest Polish procedural lawyers. To his authorship belong his work “Agreement in the procedure” (“Ugoda w procesie”) (1927), “Unification of the requirements in the procedure” (“Kumulacja roszczeń w procesie”) (1937) [10, p. 264]. Mikushevskyi Vladyslav (1904-1940) was born in Lviv. The future scholar studied at the Faculty of Law at Lviv University, later – in Geneva. In 1932 V. Mikushevskyi received a doctorate degree in law, defending his work “Advisory opinions on the Standing/Permanent International Tribunal in The Hague” (“Opinie doradcze Stałego Trybunału Sprawiedliwości Międzynarodowej w Hadze”, and in 1939 habilitated in civil procedural law on the basis of his work ” Limitation of admissibility of evidence in Polish law “(” Ograniczenia dopuszczalności dowodu ze świadków w prawie polskim “). During the years 1928-1934 he worked as an assistant at the Department of international law headed by L. Ehrlich, and in the years 1934-1939 – he worked as an assistant of Civil procedural law headed by Karl Stefko. During the years spent at Lviv University B. Mikushevskyi wrote his work “Admissibility of conditions governing the way of introduction of evidence” (“Dopuszczalność umów regulujących sposób prowadzenia dowodów w procesie” (Poznan, 1939). a graduate of the Law faculty of Lviv University of 1930 Roman Demyanovskyi served as a lecturer of the Department of Civil procedure in 1938-1940 and 1944 [12, p. 432]. The above mentioned leads to the following conclusions. Civil law and procedure as a research field was developed at Lviv University since 1784. Among scholars – civilists of the late XVIII – the first half of the nineteenth century were B. Borzaha A. Pfleher, J. Vinivartep, I. Hrasl, K. Hyuttner. In the1860s Lopushanskyi A. and A. Horak carried out the study of civil law and procedure. Civil law and procedure was one of the most advanced research fields at the Faculty of Law of Lviv University in the last quarter XIX – the first third of the twentieth century. The given branch of law was investigated by outstanding Polish and Ukrainian Scholars O. Ohonovskyi, M. Kabat, E. Rittner, A. Balasits, S. Dnistryanskyi, V. Verhanovskyi. The most profound study of the problems associated with civil law and procedure at the Faculty of Law of Lviv University was carried out during the interwar period. At this time several academic schools of civil law, headed by Lonshan de Berye R. and E. Till (civil law, representatives Kosinskyi T., A. Karpushko, Fiyema Yu, Yu Kokoshka and others.) and Karl Stefko (Civil Procedure, representatives Allerhand J., M. Valihurskyy V. Mikushevsykyi, R. Demyanovskyi). All those mentioned above merged into a single research area “Civil law and civil procedure “. The civilists of the Law Faculty of Lviv University were interested in different aspects of civil law and procedure, including contractual right (R. Lonshan de Beye, E. Till), the question that arose on the borderline of civil and international Private law (Karl Stefko). R. Lonshan de Berye and E Till were referents/reviewers of the Commission on codification of the Civil Code of Poland, during the preparation of which they expressed their views on the problems of Polish civil law. They integrated current progressive provisions of the Civil Code of Austria, Germany, Switzerland, France and Japan into the draft, and this indicate broad legal erudition and innovative views of R. Lonshan de Berye. and E. Till.

In the early postwar years only a few questions of civil law, including inheritance relationship, commitment, deprived of enforceability were studied at the Faculty of Law. Then the scope of these studies expanded. In the 50-70ies of the twentieth century research efforts were focused primarily on the important issue of civil protection of subjective rights of citizens, particularly obligations arising from damage/ injury infliction. In particular, the question of property liability of inquiry, preliminary investigation, prosecution and trial for the damage unlawful actions of their officials were studied. Also the problem of civil liability of medical institutions for the damage causing injury, causing death due to improper treatment; content of medical ethics as normative foundations of treatment; the legal nature of the relationship of care; the nature of the civil liability of medical institutions; the question of guilt of medical workers were studied.

On the issues of family law at the faculty studied The questions of legal regulation of relations between family members, health facilities and preconditions of the protection of rights and interests of family relationships (affiliation, establishment of the impossibility of cohabitation of marriage, annulment of marriage and adoption, alimony/ support enforcement for children and other family members), and especially liability under the family law were investigated. Monographic works and research articles of Z. V. Romovska and other authors were devoted to these issues. The main focus of research on Civil Procedure at the Faculty was put on the problem of action proceedings. Matters related to the implementation of the right to seek judicial protection of violated or disputed rights and interests protected by law, increasing efficiency of courts in civil proceedings have been developed at the department.

Based on the traditions of civil studies at Lviv University new areas of research in the field of property rights (prof. Yaworskia O.S.), contractual relations (doc. Y.B. Beck) appeared. A significant contribution to the establishment of family law as an independent branch of law was made by Professor Romovska Z.V, Docent Dyakovych M.M., Lepech S.M. Developing fundamental provisions of procedural law in amendment regulation, important issues were discussed in the writings of lecturers- experts in civil procedure of the Department Bohdan Y.H., Uhrynovska O.I, Senyk S.V., Lemyk R.Y., Navrotska Y.V. Theoretical and practical aspects of international cooperation have been the subject of research of Docent Mykhailiv M.A. and Kvit N.M. The research of I.E. Yakubovsyi was devoted to the formation of a new direction in intellectual property right. Development of provisions initiated by A.M Savytska in the sphere of medical law are reflected in the writings of Docent Hertz A. A. Problems of economic law is the subject of research of Docent Y.M. Yurkevych. The scholars of the Department of Civil Law and Procedure prepared two scientific commentaries to the Civil Code of Ukraine (2004 and 2008), the scientific and practical commentary to the Commercial Code of Ukraine, scientific and practical commentary to the Civil Code of Ukraine. Lecturers of the department are authors of books “Civil Law of Ukraine (prof. Kossak V.M.),” Civil Procedural Law of Ukraine (doc. Senyk S.V., Lemyk R.Y.), “Legal regulation of foreign investments and international technical support (prof. V. Kossak, doc. Mikhailiv M.O.), “Law studies” (prof. V. Kossak, doc. Lepeh S.M.), “Legal protection of economic competition” (prof. V.M. Kossak, Yurkevych Y. M.), “intellectual property” (prof. Kossak V.M., Yakubivskyi I.E.) “Notary Law of Ukraine” (doc. Dyakovych M.M.), “Family Law” (Doc.Lepeh S.M.) and others. Currently at the Department of Civil Law and Procedure work two doctors of Law – namely Professor Kossak Volodymyr Mykhaylovych, Kravchuk Volodymyr Mykolayovych. Scientific and pedagogical support of educational process is carried out by candidates and Doctors of Law – Bohdan Y.H., Uhrynovska O.I., Tsikalo V.I., Lepeh S.M., Y.B. Beck, Yakubivskyi I.E,., Mikhailiv M.A., Kossak S.M., Dyakovych M.M., Lemyk R.Y, Hertz A.A., Navrotska Y.V., Veres I.Y., Shama N.P., Senyk S .V., Yurkevych Y.M.,Kvit N.M., Oprysko M.V., Hnativ O.M., Yarymovych U.V., Plyatsko U.M, Hruschynska N.I., Hladio Y..O; lecturerers – Romaniv V.Y., Yavorskyi R.I., Brylovskyi R.M., Kablak P.I. The Department of Civil Law and Procedure constantly cooperates with state bodies and private enterprises, organizations and institutions. The department provides training of Masters of Law in the following areas: notaries, legal service in the field of entrepreneurship, private-legal specialization, restorative justice, justice, and judicial administration. The lecturers of the department   participate in research work, carried out under the state budget theme “Improving the mechanism of legal regulation in the light of civil law novelization ” the deadline 2012-2014. Scientific Supervisor, Doctor of Law, Professor Kossak V.M.), Chairperson of the Department of Civil Law and Procedure. Within research topics of the department the following issues have been studied: exercise of civil rights; the ways of protection of civil rights and interests; the main problems of investors’ corporate rights protection; disposal of shares by shareholders of close joint-stock companies; accessibility of justice as a form of protection of legal and physical persons’ rights; legal status of joint stock companies; features of the cases within the jurisdiction arising from complaints in management based on the comparative analysis of existing provisions of the Code of Civil Procedure and Commercial Procedural Code, Code of Administrative Justice of Ukraine; transfer of rights with the help of corporate securities; legal regulation of family relations in Ukraine; provision of international technical support, its use and taxation; Patent reform of legal system of Ukraine; specific features of servitude (easement) relations and their regulation in the legislation of Ukraine; legal regulation of foreign investments; corporate relations; problems of private international law; issues of contractual rights; issues of contract law; features of lease relations; features of contracting agreements performance; special features of service contracts performance and others.

The History of Civil Law and Procedure was highlighted in the article of the

Doctor of Law, Prof. Boyko I.Y., Doctor of Law prof. Kossak V.M.:

Establishment and Development of the Department of Civil Law and Procedure at the Law Faculty of Lviv University

Employees

Docent (by-worker)Roksolana LemykDocent (by-worker)

Lecturers' schedule



Teaching materials