| Article | Issues of Property Rights Defense in Ukraine |
|---|---|
| Authors | Kharchenko H. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 4 / 2015 |
| Pages | 69 - 76 |
| Annotation | The specific features and problems of property rights defense in the civil law of Ukraine are studied in the article. Attention is paid to the conditions under which a subject of property rights may resort to actions in rem or in personam. All types of property rights defense have their unique characteristics which must be considered by a subject of property rights with a view to defense of the right. The author considers that defense of rights in things of persons who are not the owners by analogy of statute is the disadvantage of the current civil legislation of Ukraine. It reproduces an outdated approach of forming property rights relating to the ownership, rather than the generic term of «property rights» in civil law. It is stated that there are not only proprietary ways of property rights defense (actions in rem) in chapter 29 of the Civil Code of Ukraine. According to the author’s opinion the current changes in the civil law doctrine, where the rules of the Civil Code of Ukraine, in fact, admit that property rights can exist and be realized not only in absolute, but also in contractual legal relations as relative ones. |
| Keywords | property rights, ways of property rights defense, actions in rem, actions in personam. |
| References | |
| Electronic version | Download |