Beletsky D. The ways of termination of private ownership according to the civil legislation of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001541

Applicant for

Specialization

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

30-03-2018

Specialized Academic Board

Д 41.086.03

Essay

The thesis is the first comprehensive study in the domestic science of Civil Law of the ways of termination of the right of private property under the civil legislation of Ukraine. Within the framework of the research, a comprehensive analysis of the system of ways of termination of the right of private property was carried out, particular grounds and ways of termination of the right of private property were compared. Regularities of interdependence of a ground and a way of termination of a specific right of private property were defined. The ways of termination of the right of private property were classified according to the type of a legal fact, place in the system of common methods of termination of ownership, the legal regime of property, the legality of using the method. The categories of proper grounds and ways of termination of the right of private property were investigated, the necessity of introducing the appropriate category into the current legislation was argued. The author substantiates the provision on the need to differentiate the grounds and ways for the termination of the right of private property: the grounds for the termination of the right of private property are proposed to be considered as a legal fact or their aggregate which lead to the termination of legal relationships, and which is according to the legislation a sufficient condition for the termination of the right of private property; the way of termination of the ownership right is a legal mechanism of termination of the abovementioned right. The thesis is proved about the dual nature of such a ground of termination of the right of ownership as the destruction of property, which can act as a forced, as well as a voluntary ground of termination of the right of ownership. Proposals were introduced to improve the scientific doctrine regarding the expediency of distinguishing certain types of the right of ownership according to the subjective criterion, namely the right of private property of individuals and legal entities; provisions of civil legislation regarding special ways of termination of the right of private ownership over certain objects of the right of ownership and certain types of the right of private property, one of which is joint ownership.

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