Hladyo Y. The right to demand as an object of civil rights.

The dissertation is devoted to the general problems of rights to demand circulation's investigation and its specific in the particular relations. The grounds of appearance, acquiring and termination of rights to demand are emphasised. Peculiarities and the essence of creditor's replacement in obligations under the court practice have been revealed. The development of legislation concerning the rights' to demand inclusion to the objects of civil rights have been examined, the main features of such rights have been highlighted. It is emphasized on the inability to spread legal regimes of things on the rights to demand because rights are the separate kind of property and can't be equated to things. Some norms of sale contracts can be applied on the reimbursable rights to demand assignment. Such agreements are to be concluded in the manner provided for the creditor's replacement in the obligation. The first part of the dissertation is devoted to the general questions of right's to demand circulation as an object of civil rights. The own notion of right to demand as an object of civil rights has been presented by the author. The right to demand (as an object) is observed in the same time as 1) the creditor's right to be satisfied by the debtor (within the principal obligation which combines the right to bring claims (demands) to the debtor or abandon the presentation of such claims (demands) and the right to demand from the debtor the proper performance of his duty); 2) the right which serves the subject of derivative liabilities (the assignment of rights under principle obligation to the new creditor), which, in turn, followed by replacements of the parties in the obligation; 3) acquisition and sale of rights can serve prerequisite acquisition of property, property rights and obtain certain services or other benefits. The second part of the dissertation deals with the elucidation of the rights to demand appearance, assignment and cessation. Issues arising from the law enforcement practice in the cases arising from the conflicts relating to the creditor's replacement in the obligation investigation have been exposed. Suggestions for the civil legislation of Ukraine improvement have been formulated. Security rights (such as penalty right) are observed as separate rights to be assigned independently from the main rights (from the principal obligation). In the same time the right to the guarantor isn't a separate right to be assigned independently because it is closely linked with the creditor's person. It is proven that rights to demand assignment is possible on the stage of court proceedings and on the stage of court decisions' execution. The third part of the dissertation combines researches on the concrete spheres of right's to demand circulation, especially, in the sphere of pledge, corporative and investment relations, monetary obligations. Under the legislation of Ukraine the right to demand receivables may be transferred both on the basis of the factoring agreement and sale agreement. Under the factoring contract the client agrees to transfer the demand for the opportunity to order factor's cash besides he must also make payment for such order. In the same time under the sale contract the payment is made not for the cash order but for the assigned right. The property claim (rights to demand) along with other kinds of property can be included as a contribution to the authorized capital of the company. Therefore it is proposed to make amendments to the part 1 Art. 13 of the Law of Ukraine "On companies" and read as follows: "Contribution to the authorized (share) capital of the company can be money, securities, or other things, property, obligatory or other assigned rights (including corporate rights, certified shares or capital shares) that have monetary value, unless otherwise provided by law". It is proved that certain corporate rights (the rights to receive dividends, etc.) can be the separate subject of assignment. In order to avoid inconsistencies in practice it is devisable to legislate such a possibility. We offer to complete Art. 5 of the Law of Ukraine "On the National Depository System and Peculiarities of Securities Electronic Circulation in Ukraine" by the part six in the following edition: "The property rights to demand certified by securities are assigned to the inheritor from the moment of the inheritance opening. The implementation of these rights is possible in case of ownership rights on the securities registration." Some amendments to the Civil Code of Ukraine, Law of Ukraine "On Pledge", "On Companies", "On financial and Credit Mechanisms and Management of Housing Construction and Real Estate" and others have been suggested.