Yarotsky V. Securities in the mechanism of legal regulation of the property relations.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0507U000304

Applicant for

Specialization

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

18-05-2007

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

This thesis is devoted to the research of the place and role of securities in the mechanism of legal regulation of the property relations as the construction of the same order as transactions, which ensures the transfer of the abstract possibility of establishing and carrying out of the rights, certified by the securities, to the framework of legal relationship. It is mentioned that dissemination of the legal regime of the objects of civil rights to the securities (an instrument of fixing of property rights) has been made for the purpose of regulation. The fact that the securities have been attached the meaning of the object and instrument means that the construction of the securities may be used for the realization of the authorizing commands of the legal rules in the process of self-regulation of these relations by the participants thereof. Due to this fact, the securities take instrumental significance and are subject to the application not only by the issuer in the mechanisms of the legal modelingand the establishment of the legal rules but by the possessor in the mechanisms of the realization of law, conveyance, establishment and protection. It has been proved that the application of the construction of the securities broadens a range of the ways of legal regulation (mainly, permissions) and self-regulation of the researched segment of the property relations thanks to the normative "penetration" of the form of the legal expression of the property rights into the structure of the regulative and protective legal relations as their object (a fictive-object, quasi-object). All these aspects have been theoretically generalized according to their significance in the provisions of the instrumental concept of the securities. Key words: securities, mechanism of legal regulation, establishment of the rights, realization of the rights, conveyance of the rights, re-establishment of the rights, protection of the rights.

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