Nationalization in the Context of Property Relations Termination Mechanism

Национализация собственности в контексте механизма правопрекращения вещных отношений

Anatoliy Kostruba ()

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Abstract: The law termination mechanism of proprietary legal relations is explained in this article using the way of adopting legal act about nationalization. Nationalization as a reason of property rights termination is reviewed in some aspects. First is international legal aspect. It means that such legal phenomenon as the nationalization is a form of state sovereignty realization. The second aspect of nationalization as a type of proprietary relations termination has a private law character. It means that the nationalization as a way of property right termination is demonstration of state sovereignty in relations with its individuals. We will add that such legal phenomenon as «nationalization» should be reviewed in two meanings: narrow as a law enforcement act and broad as a complex of jural facts, which directed to definite consequence beginning (actual structure). In narrow meaning nationalization is a state law enforcement act which establishes the state ownership on property of another civil law individual. In broad meaning this term means the complex of action which can be made by actions of individuals of law enforcement. They provide a transfer of property rights from one person to another. Analyzing the stages of such legal construction we can point next provisions: 1) the appearing of international legal conditions for nationalization carrying out; 2) adoption of legal act by authorized body; 3) carrying out of reasonable compensation of nationalized property cost; 4) implementation of state registration of property rights on this property by state.

Keywords: nationalization; legal facts; property law; civil law; property protection (search for similar items in EconPapers)
Date: 2014-06-27
Note: View the original document on HAL open archive server: https://hal.science/hal-02547481
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Published in Право України, 2014, «НОВІТНІЙ КОНСТИТУЦІЙНИЙ ПРОЦЕС В УКРАЇНІ: ПИТАННЯ ФОРМИ ДЕРЖАВНОГО ПРАВЛІННЯ», 8, pp.225-233

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