Contents of the right to order abandoned heritage

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Contents of the right to order abandoned heritage

Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 1, Issue 1

Abstract

From moment of the death of human, the inheritance is characterized by a number of features, which include, first of all, the issue of competence in possession, use and disposal of the property of the deceased. Relationships of the inheritance disposal have their own peculiarity, which is essential for hereditary and other legal relationships, which necessitates the analysis of the question. The content of the subjective right of property includes three powers provided by the law to the owner. These include the powers of ownership, use and disposal. Since the territorial community acts as the owner of the immovable property, then the whole complex of rights to such property passes into it. Like any owner, the territorial community may at own discretion own, use and dispose of the property transferred to it. Legacy, after recognition by a court, is transferred to the ownership of a territorial community – into a communal property. On behalf of the territorial communities, local self-government bodies exercise powers over the ownership, use and disposal of objects of the right of communal property, including per-forming all property transactions, may transfer objects of communal property rights to permanent or tem-porary use by legal entities and individuals, to hand over them to lease, to sell and to buy, to use as a pledge, to resolve issues of their alienation, to determine in terms of agreements and contracts the conditions for the use and financing of privatized objects or transferred for use and rental. The appropriate council determines the expediency, the procedure and conditions for the alienation of the objects of the right of communal property. In case of alienation of objects of the right of communal property, incomes are credited to the corresponding local budgets. Removal of the objects of the right of communal property is prohibited and possible only with the consent of the territorial community or the corresponding decision of the council or the body authorized by it. Law protects the right of communal ownership of a territorial community on equal terms with the rights of the property of other subjects, except for cases. Thus, after recognition by the court of the inheritance from the deadline, the issue of solving its further fate is important and relevant, since it did not find its unequivocal solution not only on the practical but also on the theoretical level, which determines the necessity of further researches in order to work out a single well-balanced concept.

Authors and Affiliations

Kostyantyn Gumenyuk

Keywords

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EP ID EP497744
DOI 10.31733/2078-3566-2018-1-95-99
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