Dudenko T. Civil-law protection of rights to cultural values and their turnover.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001209

Applicant for

Specialization

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

27-02-2018

Specialized Academic Board

Д 64.086.02

Essay

The thesis is devoted to the study of questions of protection of cultural values as objects of civil rights, their turnover and protection of rights to them. The legal nature of cultural values as objects of civil rights is revealed. A new approach to the definition of the concept of cultural values is formulated, which is based on a combination of philosophical, culturological and legal aspect of this phenomenon, with an emphasis on the latter. The peculiarities of the content of cultural values, as well as their protection as specific objects of civil rights, are studied. The system of means of protection of the rights to cultural values is characterized, special attention among which is allocated to civil-law means. Particular attention is paid to the issues of the participation of cultural values in civil circulation. Cultural values are delineated according to the degree of their turnover, and ways of acquiring, changing and terminating ownership of them are defined. A detailed description of transactions that are made with respect to cultural values and their features are highlighted. Based on the results of the study, a number of proposals were made to improve civil legislation, in order to increase the efficiency of civil circulation of the objects under investigation, to ensure their protection against unlawful attacks, and to reduce the number of so-called "shadow deals" that are committed in relation to art.

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