Kovalyk G. Servitudes in Roman law and their reception in Ukrainian law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U005087

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

01-07-2016

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

In this thesis servitudes in Roman law and their reception in Ukrainian law are investigated. Additionally, the process of formation and development of servitudes in Roman law is defined. This thesis aims to outline the difference between servitudes and related concepts. Additionally, in this thesis the types of servitudes and criteria for their division are explored. For example, the characteristics of praedial and personal servitudes in Roman private law are given. The author examines the history of the praedial servitudes appearance and their distinctions from personal servitudes. Features of praedial and personal servitudes are analysed and their kinds under the Roman law are determined. The features of the reception of Roman law provisions about servitudes in various stages of law development are researched. There are analysed the possibility and characteristics of Roman law impact on the relevant provisions of the right to use another's property in sources of law in Kievan Rus and Galicia-Volyn state; Kingdom of Poland, the Grand Duchy of Lithuania and the Commonwealth; Ukrainian Cossack state; Russian Empire and the Austrian (Austro-Hungarian) monarchy; USSR and modern Ukraine.

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