EU Law Concepts as Legal Transplants: Linguistic Difficulties of Transferring EU Consumer Law Concepts into Ukrainian Legal System
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Date
2015
Authors
Samsonova, Olena
Journal Title
Journal ISSN
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Abstract
This article’s purpose is to review certain EU legal concepts from a comparative law and linguistics
perspective and to create guidelines for adapting these EU law concepts to the conceptual
system of the member states. This article draws on comparative law studies for the theory of
legal transplants and on linguistics for the methodology of terminology. After analyzing the
EU legal concepts as a specific type of transplants, the article focuses on specific examples of
legal transplantation from EU consumer protection law. In this process, the EU law is the source
system and the Ukrainian law is the recipient. Based on the consumer protection law examples,
this article identifies and explains the most common linguistic reasons for transplant failures,
describes the possible legal outcome for the recipient legal system and proposes a possible
solution using linguistic methods.
Description
Keywords
EU law, legal harmonization, consumer law, legal concepts, legal transplantation, article
Citation
Samsonova O. EU Law Concepts as Legal Transplants : Linguistic Difficulties of Transferring EU Consumer Law Concepts into Ukrainian Legal System / Olena Samsonova // Kyiv-Mohyla Law and Politics Journal. - 2015. - № 1. - P. 207-231.