Voronina N. Acquiring the right of property of a finding according to the civil law of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U003909

Applicant for

Specialization

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

04-06-2010

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

Dissertation is devoted to the problems of acquiring the right of property of the findings according to the civil law of Ukraine. Issues of the development of national and foreign legislation on regulation of acquiring the right of property of the findings are analyzed as well as specialized literature on the relevant topic. The definition of the findings is being researched in detail. Also the relation of the terms «method» and «cause» of acquiring the right of property of the findings is determined. Analysis of the legal nature of the findings allowed to specify its definition. The following meanings of the term «finding» are proposed: 1) no one's thing which was found; 2) detection of a lost thing – legal circumstance – act; 3) actual occupation of a thing as a unilateral act of acquisition (legal circumstance) – occupation; 4) legal structure underlying the emergence of person's right of property - occupation, acquiring the right of property in 6 months from the moment when a thing was found under condition of compliance the requirements of article 388 of the Civil Code of Ukraine. Determining characteristics of the finding as no one's thing of a special kind is being also thoroughly examined. Particular attention is paid to study proprietary and obligatory consequences of the finding. Propositions to improve the number of rules of current legislation on regulation of the finding and acquiring the right of property of it are formulated.

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