USUCAPION AND SUCCESSION: THE QUESTIONS OF THE THEORY AND PRACTICE
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2018, Vol 23, Issue 1
Abstract
The paper deals with the disputable issues of applying usucapion to legal relations arising in connection with the succession in the possession of property. The author gives a critical assessment of the statements of scientists who qualify the usucapion possession not as an actual state, but as a subjective civil right, namely as a result of extending to ownership a legal succession according to the Part 2 of Art. 344 of the Civil Code of Ukraine. On the basis of an analysis of the Roman private law sources, there are refuted opinions on the attribution of usucapion possession to the number of subjective rights. It is stated that the necessary condition for the possession of a legal successor under Art. 344 of the Civil Code of Ukraine is being bona fide at the moment of acquisition of property.
Authors and Affiliations
Yе. O. Ryabokon
Keywords
Related Articles
- EP ID EP508229
- DOI 10.18524/2304-1587.2018.1(32).134144
- Views 76
- Downloads 0
NOTES ON THE MODERN CONDITION OF THE INSTITUTE OF ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF URBAN DEVELOPMENT
The article reveals the state of the institute of administrative responsibility in the field of urban planning in Ukraine in modern conditions. Attention is drawn to the fact that the institute of administrative responsi...
LEGAL REGULATION OF STATE HAVING A SPECIAL PURPOSE SUPPORT OF DEVELOPMENT OF AGRICULTURAL SERVICE CO OPERATIVES: BOOK-KEEPING ASPECTS
In the article problem directions of the legislative providing of development of agricultural service co-operatives in Ukraine are determined. Thus, attention is accented on priorities of state support of domestic agricu...
ON THE PROBLEMATIC ISSUES OF FURTHER IMPLEMENTATION OF THE EU-UKRAINE ASSOCIATION AGREEMENT IN THE FIELD OF FOREIGN ECONOMIC REGULATION
The present article deals with separate problems of modernization of foreign economic legislation in accordance with the requirements of the Association Agreement between Ukraine and the EU. It is proposed the introducti...
EVOLUTION OF THE CONTRACT AS THE CONSEQUENCES OF THE PUBLIC RELATIONS’ CHANGE
The purpose of this article is the research of development of the contract and finishing a position that it is the major case for emergence of the civil rights and duties, the arrangement of the parties directed to estab...
SUBMISSION REQUIREMENTS FOR INTER-STATE COMPLAINTS TO THE EUROPEAN COURT OF HUMAN RIGHTS
The article deals with requirements for the submission of inter-state complaints to the European Court of Human Rights. The elements of the inter-state complaint filed to the European Court of Human Rights are analyzed....