Shvydenko O. The share as the legal object of the property

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U000207

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

18-12-2006

Specialized Academic Board

Д26.236.02

Essay

The thesis is dedicated to study of problems of legal regulation of the share as to the legal object of the property. In the thesis main attention is paid to the following problems: the civil-law characteristics of a share as to the legal object of the property right the research of its legal nature; the questions of origin and termination of the shore as the object of the property light legal foundations of limitations and burden of shares by the rights of the third persons the protection of the property right on the share. The conclusion is made that the share makes sure only right of a share for participation in the joint- stock company. The research contains the analysis of peculiarities of documentary and undocumentary forms of issue of the shares. The conclusions is made that the shares in Ukraine exist only in undocumentary forms. The author investigates the form of contracts object which is the share and stresses the necessity of observance of such contracts in a written form otherwise they will be void. The author draws attentions to the consensus of contracts of alienation of shares which cannot be changed by the arrangement of the parties. The author shows the peculiarities of the deposit of chares in comparison with other securities and comes to the conclusion that teensier of chares into deposit should not influence on the realization of their rights to participate in joint- stock company. He also investigates the peculiarities of legal means of protection of property rights on the shore.

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