Tkachenko V. Civil and Legal Regulation of Relations Related to Unauthorized Construction

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002338

Applicant for

Specialization

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

23-03-2019

Specialized Academic Board

Д 64.700.02

Kharkiv National University of Internal Affairs

Essay

The author of the work has proved that the feature of the legal regime of the objects of unauthorized construction is the fact that they have not got into it yet because of their “illegal creation” status and since they are the objects that are not legally owned by a person, who constructed them, i.e. they are in the process of impropriation. Accordingly, the features of unauthorized constructed object of real estate are dynamic, procedural and temporal, that is, those that belong to such an object not only as its natural (technical) property, but also as a result of their acquisition by creating an object and its existence. Therefore, the features of unauthorized construction, from a legal point of view, are also the reasons for the recognition of the latter as it is. The first feature relates to the legal status of a land plot, where it is being constructed, and the second and third features – relates directly to the construction object. Accordingly, the consequences of unauthorized construction should be differentiated, depending on these features.

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