Shutko N. Obligation law under the Civil Code of Austria of 1811 and its application in Western Ukrainian lands (1811–1939)

In the dissertation the preconditions of codifi cation of private law in the Austrian empire at the end of XVIII – at the beginning of XIX centuries were investigated. The structure, sources, basic provisions of the Austrian Civil Code of 1797 for Galicia were analyzed. The structure, sources and main provisions of the Austrian Civil Code of 1811 were analyzed. The peculiarities of functioning of the Civil Code of Austria of 1811 in the territory of Hungary were clarifi ed. It was clarifi ed that on the basis of the October Diplomas of 1860 and the Decisions of the Curia of the Judicial Conference of 1860-1861, the previous Hungarian private law with changes and additions was restituted taking into account Austrian law. Changes in Austrian civil law during the 19th century and three novels of the Civil Code of Austria in 1811 were characterized. The types of obligations and their occurrence were described. The reasons for changing and terminating the obligations under the Austrian Civil Code of 1811 were clarifi ed. The contract was described as the basis for the obligations under the Austrian Civil Code of 1811, also certain types of agreements were described. The procedure of the conclusion of agreement, the form and terms of the agreements were defi ned. The obligation from caused damage, as well as obligations, the ground to occurrence of which were unilateral acts and other legal facts, were determined. The archival fi les of the Central State Historical Archives of Ukraine in the city of Lviv, that refl ect the peculiarities of the application of the Civil Code of Austria of 1811 in Eastern Galicia, were investigated. The infl uence of Austrian civil law on the codifi cation of civil law in Poland in the interwar period was analyzed. The activities of the Codifi cation Commission of the Second Rich Pospolita in the interwar period are described. The content of the Polish Code of Obligations of 1933 was analyzed. The Austrian civil law reception in Czechoslovakia in the interwar period was studied.