Marusenko R. Legal aspects of easements in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U000385

Applicant for

Specialization

  • 12.00.06 - 3емельне право; аграрне право; екологічне право; природоресурсне право

13-01-2006

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The legal essence of easement is explored. On the discovered characteristics the definition of easement is given. Theoretical and legal prerequisites of easement branch belonging are analyzed. Inference of easement's land law essence have been formulated. Author's point of view for easement correlation with other rights on land, role and standing in the land law regulation are revealed and proved. Genesis of easement legal relationships on the territory of Ukraine has been analyzed. The structure of easement rights legal relationships, such as: subject, object, grounds of raising, changing and termination, content is disclosed in thesis. Gaps of legal relationships in disclosed area, that touches upon their elements' content are invented; propositions of their eliminating are given and argued. On the base of analysis done of the state of legal regulation, taking into consideration with historical and foreign experience of easement legal relationships regulation, the proposals of current legislationimprovement by 'On amending Land Code of Ukraine' Law of Ukraine adopting are given. The text of proposed Law is given in the supplement to the thesis.

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