PROPERTY RIGHTS UNDER PARAGRAPH 7 OF ARTICLE 5 OF THE LAW OF UKRAINE «ON MORTGAGE», IN PARTICULAR, «USE» OF IMMOVABLE PROPERTY
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 2, Issue 2
Abstract
The present article studies property rights under paragraph 7, article 5 of the Law of Ukraine “On Mortgage”, in particular the interpretation of the concept of “use” of immovable property, allowing the reflection of “the ideal share in co-ownership as a separate immovable property”. Due to such dogmatic understanding, paragraph 2, article 190 of the Civil Code of Ukraine and paragraph 7, article 5 of the Law “On Mortgage” relate to three levels of immovable property, and, more specifically, to three plots of land. One of them is real (apportioned in kind), the remaining two are fictitious, which were formed due to the legislative fiction.
Authors and Affiliations
Filipp RISH
Keywords
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- EP ID EP669528
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