REGISTRATION OF RIGHTS LIMITED USE ANOTHER PERSON’S REAL PROPERTY AS LEGAL FACT
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article is devoted for illumination the question of qualification the legal nature of the state registration of rights limited use another person’s real property as a legal fact. To analyze the registration, as an element of the legal composition of the relationship. Today, the most internal and foreign scientists, which are exploring the modern theory of legal facts, think that a legal fact has a legal meaning, if it make legal results. We have to remember that in the case of state registration of rights limited use another person’s real property, we have business with an actual composition, where registration is one of legal fact. Take for example the right of passageway based on the contract. Compulsory conditions are: borders of another’s land, to conclude an agreement establishment of servitude law, state registration of servitude right. Every element is an independent legal fact, which must base on law. And only then come legal consequences and make legal composition. In this manner, we can definitely aver that the state registration of rights limited use another person’s real property is a legal fact, which creates legal consequences. Furthermore, talk about the state registration of rights limited use another person’s real property as technical fact or confirmatory fact is not correctly. After all, we can absolutely say about constituently nature the state registration, because only in law suggests that life circumstance generates certain legal relationships.
Authors and Affiliations
Н. В. , Майка
Keywords
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