Totska К. Restrictions on the ownership right to a land plot: civil law aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U005616

Applicant for

Specialization

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

05-10-2015

Specialized Academic Board

К 64.051.28

Essay

The object of research: civil law relations concerning setting and implementation of rights on land limits. The aim of the research: to form a theoretical basis of property right limits to find out peculiarities of land property right limits and certain powers of the land owner to develop grounded propositions to acting legislation of Ukraine. Methods: system of philosophical, general-scientific, specific-scientific and specially-scientific methods. Theoretical and practical results, novelty of the research: for the first time it was offered the concept of “ownership limits of land”; “ownership restrictions of land”; “ownership encumbrances of land”;determined the ownership limits of land, ownership restrictions of land, ownership encumbrances of land which are the legal limits of rights and duties of subject; pointed out the content of ownership limits and restrictions of land, consisting of prohibitions, duties of owner to performing activity, permissions and orders; classification of ownership restrictions of land has been done; it has been improved: the list of features of ownership restrictions of land. They are: 1) the elements of legal regulation mechanism; 2) having a special regime of usage of land (part of land); 3) being setup independently of the purpose reasons of land of appearance to belong to the owner; aimed at protection of land owners rights and interests, other persons and society; 5) influence on the limit of opportunities to realize ownership of land, the system of principles of ownership restrictions of land, affirming that ownership encumbrances of land can have both private and public reasons of appearing. Practical implementation: conclusions and propositions of the thesis can be used in law-making activity – to improve legal bases of judicial responsibility application for offences in land ownership sphere; in law-enforcement sphere – to improve practical activity of judicial bodies during civil proceedings, state bodies, law practice. Field of usage: in educational process for preparing materials for lectures and practical hours in subjects as “Civil law”, “Land law”, and special course “Peculiarities of legal regulation of land”.

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