Ushakova Y. Concept, content and forms of ownership right

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U003983

Applicant for

Specialization

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

17-06-2011

Specialized Academic Board

К 26.500.01

Essay

The thesis is dedicated to the research of the complex of theoretical and practical problems of ownership right. The status of science and laws in relation to the concept and terms of ownership rights has been analyzed. The great attention has been paid to the problem of sufficiency of triad of owner's rights. The proposal about the extension of one of the elements of ownership rights by adding of another owner right "management right" was supported. It was suggested to define not triad but tetrad of ownership right. The meaning of possessing right, usage right, disposal right and management right was clarified. It was proposed to consider the right of disposal as complete and incomplete. It was grounded that as per the alienation agreement the ownership right for an object is not suspended at the owner but is transferred to an acquirer. It was proved that the legal entities are the subject of the private ownership right. Such legal entities obtain the property on the basis of ownership right, but not on the basis of another material right. The issues to be referred to the exclusive authority of local communities were grounded. The list of the above issues was suggested. On the basis of the research carried out the proposals as to the improvement of the applicable laws of Ukraine have been made

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