Rish P. Property rights as objects of mortgage relations (comparative aspects)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102310

Applicant for

Specialization

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

11-12-2020

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The present dissertation thesis is dedicated to theoretical and applied problems of property rights and securities as objects in mortgage relationships. Having familiarized with various scientific theories and visions (approaches) with regard to an object that have been arising during a long period of the development of civil law science, author has found that such plurality of thoughts not only contributes to the understanding of contemporary civil law, but also more than once creates barriers for such an understanding. Therefore, we were forced to turn to the basic questions regarding the «object» in civil law. The reference point for such a study of the category of «civil law object» is the clarification of what the relationship between «law» and «object» should be, so that one could speak of a «civil law object». Since this issue focuses on the paradigm of a thing and ownership right in a thing, the content and definition of the law of property is studied. Then, in the study of the law of property, it is opposed to the law of obligation.

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