Mikhailenko O. Proprietary-legal restraints of the private property right in the Ancient Roman and in the modern civil Law of Ukraine

The complex analysis of theoretical and practical issues of legal regulation in the system of proprietary -legal restraints of the private property right in the Ancient Roman and modern Ukrainian legal system in observed in the thesis. Herewith the conception and structure of proprietary right is investigated. The subjective right on private property and the process of its realization are formulated. The essence and peculiarities of law-restraint are determined. The main attention was focused on the determining the judicial character and peculiarities of some proprietary rights on another's property; and the influence of these rights upon exercising the private property right. On the basis of comparative analysis of Ukrainian private Law with Roman one the facts of positive historical experience borrowing are proved. Some drawbacks in the active legislation of proprietary rights have been found out. Some ideas for a.m. drawbacks elimination are suggested.