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Ownership

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  • 1.  According to the Article 41 of the Constitution of Ukraine, everyone has the right by their property, and the results of their intellectual creativity.
  • 2.  The Civil Code of UkraineThe Civil Code of Ukraine Article 316. Notion of property rights: "The right to property is the right of a person to a thing (property), which it has under the law on their own, regardless of the will of others."
  • 3.  it is owner's possibility to be in direct relation to the actual thing based on the law.  Ownership must be understood as constant possibility of material relationship between owner and things.
  • 4.  This is possibility of extracting useful properties to meet the needs of the owner or others based on the law.  The right to use may belong not only owners but also other persons on the basis, inter alia, civil contracts or administrative acts.
  • 5.  Owner's right to determine the fate of his things based on the law.  Owner can destroy the thing, alienate it or pass temporary possession to others.
  • 6.  According to the Civil Code of Ukraine:
  • 7.  The subjects of private property rights are natural and legal persons;  They may be owners of any property, except for certain types of property that are under the law can not be in their ownership.  Composition,Composition, quantityquantity andand value of propertyvalue of property that can be owned by individuals andthat can be owned by individuals and entities areentities are not limitednot limited..; Limiting the size of land that can be owned by individuals and legal entities may be established by law.
  • 8. Property which owned by two or more persons (owners) is theirs by right of joint property.
  • 9.  Joint ownership is a kind of ownership which complicated by many subjects. Joint ownership is a legal form of association property of legal entities, state and local communities. Thus, the relationship in this case arise not only between owners and third parties, but also between co-owners.
  • 10.  Common share ownership is property right which have two or more physical and (or) legal entities. Particle size of each owner are defined in documents.  Determination of particles of each owner property governed under the Civil Code of Ukraine of 16.01.2003 № 435-IV (Civil Code of Ukraine).
  • 11.  Common property is joint ownership of two or more persons without defining each particle in ownership.