KHARCHENKO H. Property Rights in the Legislation, Doctrine and Judicial Practice of Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0518U000406

Applicant for

Specialization

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

15-03-2018

Specialized Academic Board

Д 26.001.06

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the complex analysis of theoretical and practical issues of property rights in the doctrine, civil law and judicial practice in Ukraine. The special features of the legal nature of property rights have been researched, as well as their qualification characteristics that should determine the legal category of property rights. General scientific approaches to understanding and addressing problems of the range of objects of property rights in civil law of Ukraine have been characterized; the principles of property law of Ukraine have been formulated, the introductions of which in the civil law would allow to improve the legal regulation of civil relations. The basic elements of the property rights system have been researched, new approaches to their classification and determination of their role and place in property law of Ukraine have been offered. The analysis has been made in respect of the grounds of acquisition and termination of property rights, the limits of their realization, the relation of legal categories of «creation» and «acquisition» of property rights, «ground» and «manner» of acquisition (termination) of property rights, «restriction» and «encumbrance» of property rights etc. The theoretical and practical problems of civil law protection of property rights and proprietary interests in Ukraine have been considered. The research has allowed to formulate a range of conclusions, suggestions and recommendations on improvement of the civil legislation and the law enforcement practice concerning property rights in Ukraine.

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