Article | Legal Structure of Usufruct in the Law of Foreign Countries |
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Authors | Skrypnyk V. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2017 |
Pages | 101 - 108 |
Annotation | The article deals with scientific-theoretical analysis of such lus in re as usufruct, its objects, ways of acquiring usufruct, durability and reasons of termination. The conducted research proves the widespread of this civil-legal institute both in the legislation of RomanGerman system of right and in Anglo-American, as well as in some countries of the Far East (Japan, China). The authors comes to the distinct conclusion that the main right of the user of ususfruct is the right to use the thing and receive profit from its useful features including the right on receiving fruit and profits from the thing. The research of both theoretic and practical issues are emphasised. The significant attention is paid to the necessity of determining the institute of usufruct directly in the civil legislation, establishing reasons and the order of transferring property, determining the right and obligations of the owner of the thing and the usufruct receiver, reasons for terminating usufruct that will favour efficiency of using proprietorial resources including the natural ones, stability of the civil turnover, fastening relations in the family and between the relatives. |
Keywords | usufruct, easiness, lus in re, proprietorial right, owner’s interests. |
References | |
Electronic version | Download |