Dovbysh O. Sources of the formation of property of participants in civil relations.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003165

Applicant for

Specialization

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

14-06-2019

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis described property as an object of civil legal relations in the context of its legal regime. It can be traced how the legal status of a person affects the entry of property, in particular in the case of ownership of property by several persons (co-owners) of being married (property of spouses); having children; the person’s stay in corporate relations, public service, and the like. It proves the importance for the formation of a person’s property of the legal requirements for the process itself, the dynamics of the acquisition through the actions that are performed by the person, or those acts that form the basis of this process or accompany them. Understanding the sources of property formation is associated with its ability to turn, taking into account the conditions and grounds for the occurrence of relevant civil legal relations. At the same time, there is a general legal regime for the entire set of different objects in the composition of a person’s property, regardless of those features that are the basis for their vision as separate objects of law. The connection of the right to property with the sign of “subjectivity” of property rights as their ownership to a specific person is justified, as a result of which the law provides for mechanisms to eliminate the condition in which it is unknown who owns the property, makes it impossible for him to remain in circulation. Scientifically based proposals for the improvement of the civil legislation of Ukraine regarding the legal regulation of various sources of property acquisition by a person with the emergence of corresponding rights to it are formulated.

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