LIMITED PROPERTY RIGHTS TO PROPERTY OF ANOTHER

Kostruba, Anatoliy

LIMITED PROPERTY RIGHTS TO PROPERTY OF ANOTHER

ОБМЕЖЕНІ РЕЧОВІ ПРАВА НА ЧУЖЕ МАЙНО

Anatoliy Kostruba
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Anatoliy Kostruba: Vasyl Stefanyk Precarpathian National University

Abstract: Opportunities derived from the PROPERTY RIGHTS establish a person's legal capacity to OWN and USE property that does not belong to him/her regardless of the OWNER`S will. In this case, the OWNERSHIP over a thing belongs to ONE PERSON, while the OTHER PERSON also has a PROPERTY RIGHT TO THIS THING, but LIMITED IN CONTENT. This is the property right of a person who is not the owner of the property. This is a person's right to property that does not belong to him/her. This is a property right limiting the powers of the owner. These are the property rights of a non-owner with a limited scope of powers in relation to the property of another (possession and use only). Such property right is protected in the same way as the right of ownership, including from the owner. 1. LIMITED PROPERTY RIGHTS TO PROPERTY OF ANOTHER are the following. 1.1. POSSESSIVE RIGHTS - the right to own a thing of another Possession. Easement (right of use). Emphyteusis (right to use land for agricultural purposes). Superficies (right to build on a land plot). 1.2. SECURITY RIGHTS (lien right) - encumbrance of other's things with own legal capabilities. 1.2.1. Pledge 1.2.2. Mortgage 1.2.3. Lien – in case of non-fulfillment by the debtor of the obligation to pay for a thing or reimbursement to the creditor of related costs and other damages, the creditor`s right to withhold a thing until the debtor fulfills such obligation. 1.3. PREEMPTIVE RIGHTS - the ability of a person to acquire the rights to property mainly before others, which does not depend on the will of the owner. Preemptive right to acquire the property of another. Inheritance of everyday household objects. Preemptive right to use the property of another.

Date: 2021-09-01
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Published in [Research Report] Vasyl Stefanyk Precarpathian National University. 2021

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