Hryniak O. The right of joint ownership of spouses housing under the laws of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004209

Applicant for

Specialization

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

07-06-2015

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The thesis is devoted to problems of common ownership of spouses on a specific property as housing. In work is defined the content and features of housing as an object of common ownership spouses. It was examining the types of common ownership of spouses housing and set their features. Attention is focused on differentiating concepts such as "reason" and "mood" of the right common property, and - "acquisition" and "appearing" of common ownership housing spouses. It was paid much attention to grounds of origin and termination of joint ownership of spouses housing. In the debate on the grounds of separation criterion of common ownership of spouses supported housing supporters criterion succession as a universal criterion, based on the fact that in some cases (eg, under intestate succession) will disposing absent, but there is transfer of rights and obligations disposing of to the purchaser. Attention is focused on general theoretical approaches to understanding the grounds for termination of common ownership, are characterized by voluntary grounds for termination of common ownership housing spouse, loss of common ownership housing on objective circumstances and the forced removal of the couple home. Scientific conclusions and proposals to address the gaps and deficiencies in the legal regulation of origin and termination of joint ownership of spouses housing are formulated.

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