Kutateladze V. The right to use someone's else land area for building following the civil legislation of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U001855

Applicant for

Specialization

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

30-03-2011

Specialized Academic Board

К 26.500.01

Essay

The dissertation is dedicated to the research of the law nature, the reasons of the origination and stopping the right of the usage of someone's else land property for building, which was stipulated because of the necessity of the treatment and theoretical models of the mentioned law phenomenon, the improvement of the effective legislation, and also the mechanism of law regulation of the relations, which deal with the usage of someone's else land area with the building aim. The research of relations of the usage of someone's else land area with the building aim following the legislation of Ukraine on the scientific level takes place for the first time. The main aim of the dissertation research is the determination of the main theoretical and practical problems, which deal with the application of the limits of the institution's right for the usage of someone's else land area for building in a practical activity; the detection of the gaps and arguments of the law in this sphere, the formulation of the recommendation, the substantiation of the mutual propositions in order to improve the practice of its usage. The validity of the conclusions and propositions of the dissertation work is confirmed with the complex of the researches which deal wit the usage of the general and special methods which were made because of the analyzed special literature, with the usage of the normative legal documents and the practice of the regulation of the relations which deal with the usage of someone's else land area with the building aim. The historical analyze of the foundation of the institute of the usage of someone's else land area with the building aim since the time of the Roman state till the nowadays law of Ukraine and foreign countries is made in the dissertation. The reasons of the appearance and stopping the right of the usage of someone's else land area for building, the subjective structure of the relations, the mutual relation with the other rights for someone's else things following the legislation of Ukraine. The propositions to improve the civil legislation of Ukraine are formulated

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