The right of the property
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The right of the property

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The right of the property The right of the property Presentation Transcript

  • KYIV NATIONAL ECONOMIC UNIVERSITY NAMED AFTER VADYM HETMAN DEPARTMENT OF LAW PRESENTATION "THE RIGHT TO PROPERTY“ EXECUTE: STUDENTS CREDIT-ECONOMIC FACULTY 3 RD YEAR 4 GROUPS ALINA BURKOVSKA JULIA VOLOSHINA EMIN MAMEDOV KYIV-2014
  • PLAN • Terms ownership. (Art. 316 CC) • Types of ownership. (st.324-327 CC) • Acquisition of property. (Chapter 24 st.328-345)
  • TERMS OWNERSHIP. Article 316. Notion of property rights. 1.Ownership is the right person for the thing (property), which it has under the law on their own, regardless of the will of others. 2.Type of ownership is the right of the confidential property that arises from law or contract property management.
  • Article 317. Contents of ownership. 1.Owner include the ownership, use and disposal of its assets. 2.To content ownership do not affect the place of residence of the owner and location of the property.
  • Article 318. Subjects ownership. 1.Subject of ownership is Ukrainian people and other members of civil relations as defined by Article 2 of this Codex. 2. All subjects of ownership are equal before the law.
  • Article 319. Enjoyment of property. 1. Proprietor owns, uses, disposes of their property on their own. 2. Holder is entitled to make in respect of its property, any action, not inconsistent with law. In exercising their rights and fulfilling obligations of the owner is obliged to follow the moral principles of the society. 3. All owners are provided with equal conditions for exercising their rights. 4. Property oblige.
  • 5. Holder can not use the title to the detriment of the rights , freedoms and dignity of citizens, public interest, aggravate the ecological situation and the natural qualities of the land. 6. State does not interfere with the exercise of the right on the property. 7. Activity owner may be limited or suspended, or owner may be required to prevent the use of its property of others in cases and in the manner prescribed by law. 8. Specifics of ownership of the national, cultural and historical values ​​established by law.
  • TYPES OF OWNERSHIP Article 326. Rights of public property. 1. The state ownership in a property, including money, which belongs to the state of Ukraine. 2. Behalf and on behalf of the state ownership of Ukraine is carried out in accordance with the public authorities. 3. Property Management, which is state-owned by public authorities, and in the cases provided by law, may be made by other entities.
  • Article 324. Ownership Ukrainian people. 1. The Earth , its natural resources, air , water and other natural resources within the territory of Ukraine , the natural resources of its continental shelf , the exclusive ( maritime) economic zone, are the property of the Ukrainian people. 2. Behalf of the Ukrainian people's rights are exercised by bodies of state power and local self- government within the limits established by the Constitution of Ukraine (254k/96-VR ). 3. Every citizen has the right to use natural property of the Ukrainian people under the law.
  • Article 325. Privacy policy The subjects of private property rights are individuals and legal persons. 2. Individuals and legal entities may be owners any property, except for certain types of property that are under the law they can not belong. 3. Composition, quantity and value of property that can be owned by individuals and entities are not bound. The law may set the size limit of land that can be owned by individuals and legal entities.
  • Article 327. Communal property right. 1. Communal property is property, including money, belonging to the territorial community. 2. Property Management, which is municipally owned, directly engaged in the local community and it created local governments.
  • ACQUISITION OF PROPERTY Article 328. Foundations of ownership. 1.Ownership is acquired for reasons that are not prohibited by law, including the transactions. 2. Ownership is considered to be acquired lawfully, unless otherwise expressly implied in law or otherwise acquiring title has not been established by a court.
  • Article 329. Acquisition of property by public law 1. A legal entity of public law takes ownership of the property transferred her property, and the property acquired by it in the property on grounds not prohibited by law.
  • Article 330. Entry into a bona fide purchaser of property, alienated person who did not have the right 1. If the property is alienated person who had no right to it, bona fide purchaser acquires ownership of it, if in accordance with Article 388 of this Codex property can not be claimed from him.
  • Article 331. Acquiring ownership of the newly established property and construction in progress 1.Ownership of the new thing that made ​​(created ) a person acquired by him, unless otherwise provided by contract or by law. The person who produced ( created ) thing from their materials under the contract , the owner of the thing . 2. Ownership of the newly established real estate (houses, buildings, structures , etc. ) occurs after the completion of construction (creating property). If the contract or the law provides for the adoption of real estate to the operation , ownership there since his admission to operation. If the ownership of real property under the law is subject to state registration , ownership occurs after registration.
  • 3. Prior to completion of construction (creating property) person is the owner of the materials, equipment , etc., that were used in the process of building (creating property). If necessary, the person named in the first paragraph of this part, may enter into an agreement on construction in progress, title to which is registered body that carries out state registration of rights to immovable property on the basis of documents confirming the ownership or use of land for creation of real property, construction documents , and documents that provide a description of the object under construction
  • Article 332. Acquiring ownership of the thing processed 1. Processing use is one thing (material), resulting in a new thing. 2. A person who illegally altered strange thing does not acquire ownership of the new thing and to reimburse the owner of the material its value. 3. Ownership of movable thing, person created by processing of a material that does not belong to, acquired by the owner of the material at his request, unless otherwise provided by contract or by law.
  • 4. If the cost of processing and set up new things is much higher than the cost of the material, the ownership of the new thing gets in her desire person who carries out such processing. In this case, the person who carries out processing, is obliged to compensate the owner of the material damages. 5. Holder material that came into the ownership of the thing made ​​from it, is obliged to refund the cost of processing the person making it, unless otherwise provided by the contract.
  • Article 333. Appropriation of popular gifts of nature 1. A person who gathered berries, herbs, got caught fish or other thing in the woods, pond, etc., are their own, if it is operated according to the law, local custom or general permission of the relevant land.
  • Article 334. Moment of acquisition of ownership under the contract 1.Ownership to the purchaser of the property under the contract arises from the transfer of property, unless otherwise provided by contract or by law. 2. Transfer of property is considered handing it to the purchaser or carrier of communication, etc. to send, transfer to the purchaser of property alienated without the obligation of delivery. Prior to transfer of property equal presentation of consignment inventory or other administrative documents to the property.
  • Article 335. Acquiring title to the derelict 1.Derelict is a thing that no owner or holder of any unknown. 2. Ownerless immovable are registered body the state registration of rights to real estate , according to the local authority in whose territory they posted. On taking ownerless immovable property registration is advertisement in the print media. After the expiry of one year from the date of registration of ownerless immovable it at the request of the authority competent to manage property of the respective local community may be transferred by court in communal ownership. 3. Ownerless movable items can be acquired in the property for acquisitive prescription, except as prescribed by Articles 336, 338, 341 and 343 of this Codex.
  • Article 336. Acquisition of ownership of movable thing from which the owner refused 1. A person who captured the floating thing on which the owner refused (Article 347 of this Codex), acquires ownership of the thing after its capture.
  • Article 337. Find 1.A person who found the lost thing must immediately notify the person who lost it , or owner of the thing and return the found thing that person . A person who found the lost thing in the room or the vehicle is obliged to pass it on to the person who representing the holder of the premises or vehicle. The person who was assigned to finding , acquiring rights and obligations of persons who found the lost thing. 2. If a person who is entitled to recover the lost way or place of stay is unknown , the person who found the the lost thing required to declare the discovery of the police or local governments.
  • 3. A person who found the lost thing, the right to keep it in themselves or to deposit the police or local authority self- discovery or transfer to a person they have indicated. The thing that perishable or thing which storage costs is disproportionately large compared with its value can be sold by the person who has found to provide written evidence to support the amount of the proceeds . The amount of money received from the sale of found things to be returned to the person who has the right to claim it back . 4. A person who found the lost thing responsible for loss , destruction or damage within its value only if its intent or gross negligence.
  • Article 338. Acquiring title to the discovery 1.A person who found the lost thing acquires the ownership it after the expiry of six months from the date of declaration of the discovery police or local authority if: 1) it is established the owner or other person entitled demand the return of lost things; 2 ) the owner or other person entitled to claim refund lost things, declares its right to object to the person who found , police or local authorities . 2. If the person who found the lost thing, give authority local government to deny a written request from the acquisition property rights to it , this thing becomes the property
  • 3. Located vehicles shall be deposited with the police , which is an ad in print media. If within six months from the date of publication of this announcement , the owner or other person who has the right to demand the return of the vehicle will not be detected or they declare their rights to the vehicle, the police have the right to sell it and make a dollar amount in a special account in a bank . If, within three years, the former owner of the vehicle does not require the transfer to him the amount of proceeds , this amount becomes the property of local community, in which was found the vehicle. 3. Located vehicles shall be deposited with the police , which is an ad in print media. If within six months from the date of publication of this announcement , the owner or other person who has the right to demand the return of the vehicle will not be detected or they declare their rights to the vehicle, the police have the right to sell it and make a dollar amount in a special account in a bank . If, within three years, the former owner of the vehicle does not require the transfer to him the amount of proceeds , this amount becomes the property of local community, in which was found the vehicle.
  • Article 339. The right of the person who found the lost thing to remuneration and reimbursement of expenses related to finding 1.A person who found the lost thing may require the person to whom it is returned, or a person who acquired the right property on her reimbursement of necessary expenses associated with discovery (storage , search owner, selling things , etc.). 2. A person who found the lost thing may require its owner ( holder ) a reward for the discovery of up to twenty percent of the value of things. 3. If the owner ( holder ) publicly promised a reward for finding the remuneration payable under the terms of the public promise . 4. The right to obtain compensation does not occur if the person who found the lost thing not announced the discovery or made ​​an attempt to hide it.
  • Article 340. Neglected homeless pet 1. A person detained homeless pet must immediately notify the owner and return it . If the owner neglected pet or place it being known , the person detained animal is obliged to for three days to declare it the police or local authority government that is taking steps to search for the owner. 2. A person detained homeless pet may be on future owner wanted to leave her in his keeping and use or transfer to another person if that person can ensure the maintenance and care of animals in compliance with the veterinary regulations , or to transfer it to the police or to the local government. 3. A person who has left Neglected pet responsible for its loss or damage within its value only if your intent or gross negligence.
  • Article 341. Acquiring title to the homeless pet If within six months from the date of declaration of detention neglected or working cattle and within two months - for other pets will be found of their owner and he declares his right to them , ownership of these animals goes to the person from whom they were dependent on and in use. 2. The failure of the person from whom Neglected pet has been on hold and use, from acquiring title to it, the animal becomes the property of the territorial community in which it was found.
  • Article 342. Compensation costs for neglected pets and Remuneration 1.if returned neglected pet owner the person who arrested the animal and the person to whom it was assigned to the maintenance and use shall be entitled to recover costs associated with keeping animals, less benefits gained from using it. 2. A person detained homeless pet is entitled to compensation under Article 339 of this Codex.
  • Article 343. Acquiring ownership of the treasure 1.Teasure is buried in the ground or otherwise concealed money , currency values ​​and other valuables , the owner is unknown or lost on legal ownership of them . 2. A person who found the treasure , takes ownership of it . If the treasure was hidden in the property belonging to the right property to another person , the person who discovered it, the owner of the property where the treasure was hidden , become entitled in equal shares common ownership to it. 3. In case of treasure by the person who carried out the excavation or search property without consent of the owner of the property where it was hidden , the ownership of the treasure becomes the owner of the property.
  • 4. If you find a treasure , which is a monument of history and culture, the ownership of the State gets it . The person who discovered this treasure has the right to receive compensation from the government of up to twenty percent of its value at the time of detection, if she immediately informed the police or local authorities of the treasure and gave it the appropriate state or local governments. If historical and cultural monuments was discovered in the property belonging to another person , that person, and the person who found the treasure shall be entitled to a fee of up to ten percent of the value of each treasure . 5. Provisions of this Article shall not apply to persons who found a treasure while digging, the search conducted pursuant to their employment or contractual obligations.
  • Article 344. Acquisitive prescription 1.A person which honestly took possession of another's property and continues to open , continually possess real property for ten years or movable property - within five years , takes ownership of the property ( acquisitive prescription ), unless otherwise provided by this Codex. The right to ownership of land by acquisitive prescription is regulated by law. Ownership of real property that is subject to state registration occurs by acquisitive prescription after registration. 2. A person who claims acquisitive prescription can connect the time of their possession at all times during which the property owned by the person whose heirs (successors) it is.
  • 3. If a person took possession of the property under contract with the owner , who, after the expiry of the contract did not present the request for his return, she takes ownership by acquisitive prescription for real estate in fifteen , and on personal property - in Five years after the expiry of the limitation period. The loss of his will not his property holder does not interrupt prescription if return of the property within one year or the filing of a claim within this period of his vindication . 4. Ownership by acquisitive prescription of real property , vehicles , securities acquired by the court.
  • Article 345. Acquisition of property in the case of privatization of state property and property that is owned by the community 1.Individual or entity may acquire ownership in the case of privatization of state property and property that is owned by the community. 2. Privatization carried out in the manner prescribed by law.
  • THANK YOU FOR ATTENTION!