THE ALTERNATIVE VIEW ON THE PROPRIETARY AND ITS OBJECTS FROM THE STANDPOINT OF CIVIL LAW THEORY, LEGISLATION AND PRACTICE
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2015, Vol 20, Issue 1
Abstract
The paper deals with the modern concepts of property rights. It solves the problem of determination content of property rights, proves that property rights may be the objects of ownership. Inability of a traditional construction of property to serve a real civil circulation is proved. The conclusion that in a modern law order of Ukraine there are two types of the proprietary is made: the real property right the object of which is property material benefit, and not real property right the object of which is the property non-material benefit. The problem of the maintenance of the proprietary which is offered to be determined not by the list of powers, but by legal freedom of the owner is solved. It is proved that the proprietary is an exclusive property right, and its contents is elastic. Possibility of distribution of action of the proprietary to property rights is substantiated.
Authors and Affiliations
S. I. Shimon
Keywords
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