Kharchenko O. Reasons for termination of the right of ownership

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U003425

Applicant for

Specialization

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

21-06-2007

Specialized Academic Board

К 26.500.01

Essay

The thesis is devoted to the study of urgent points of reasons for termination of the right of ownership. General aspects of the right of ownership, its features and classification of reasons for termination of the right of ownership as well as scientific approaches to the conceptions which characterize the reasons for termination of the right of ownership are analyzed. The main point and specific features of legal relations which emerge in case of termination of the right of ownership are considered. Special attention is given to revealing the legal nature of certain reasons for termination of the right of ownership and some peculiarities of termination of the right of ownership to a plot of land and a house. Definition of the notion of termination of the right of ownership is formulated. New approach to classification of reasons for termination of the right of ownership is proposed : all ways of termination of the right of ownership are to be divided not only into those based on the owner's willand those used against the owner's will but also into those arising in spite of the owner's will. Based on the analysis of normative legal acts, scientific sources and court practice a number of shortcomings of legislation in force are shown and concrete proposals dealing with improvement of legal regulating the reasons for termination of the right of ownership are formulated. Keywords: right of ownership, reasons for termination of the right of ownership, redemption, requisition, seizure, nationalization, privatization, reclamation, voluntary relinquishment, a plot of land, a house.

Files

Similar theses