Demchenko O. The legal regime of property in residential block of flats

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U001856

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 research is devoted to the analysis of rights to premises (apartment, nonresidential premises and auxiliary rooms) in a mansion. The procedure of acquisition, realization and termination of these rights is considered. The author proposes introduces a term "dwelling house" as a generic term and terms "mansion" and "one-family dwelling" as the specific terms. The legal statuses of these kinds of dwelling house are different. The mansion is considered as a specific object, which, being a "res, can not be involved in turnover. The author emphasizes the necessity of the state registration of "right in rem, including servitude. The classification of dwelling on commercial and non-commercial dwelling is proposed. The attention is paid to the necessity of the residential premises from the living-space fund and transferring them into the non-residential premises. After the results of research the author formulated concrete proposals how modify and supplement of Ukraine legislation for proper legal regulation of property rights in a residential house

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