Oleshko O. Civil Legal Protection of the Right to Ownership from Violations Not Related to Deprivation of Possession

The qualification research work is devoted to a comprehensive study of the civil-law protection of the right of ownership against violations not related to deprivation of possession, in the context of the recodification of the civil legislation of Ukraine. The content of ownership as an absolute subjective civil right is revealed, and the correlation between the absoluteness of ownership and the inviolability of this right is clarified. An original understanding of the civil-law protection of ownership through the category of “legal result” is proposed. The study substantiates the classification of methods of protecting ownership, defines the criteria for distinguishing between proprietary and obligatory methods, and analyses the phenomenon of competition among different remedies. Special attention is given to the negatory claim: its genesis, legal nature, subject matter, and relationship with the prohibitory claim. For the first time, a distinction is proposed between narrow and broad approaches to remedies protecting ownership from non-possessory violations. It is demonstrated that the negatory claim serves as a means of eliminating long-lasting obstacles to the use and disposal of property, is not preventive in nature, and is not subject to limitation periods. Criteria for distinguishing negatory claims from vindicatory and other related claims (rescissory, negatory in the broader sense, condictio claims, etc.) are established, including consideration of the concept of “book possession.” The variable legal nature of claims to lift seizures imposed on property is substantiated, and it is determined that eviction claims in cases of unlawful seizure (raider takeover) constitute a form of negatory protection. The work formulates proposals for improving legislation, including granting courts the authority to change an ineffectively chosen remedy for the protection of ownership. The study has both theoretical and practical significance for the development of civil legislation of Ukraine and for law enforcement practice in the field of ownership protection.