Lecture 4. General positions of civil law of ukraine (bases of civil law of ukraine) plan

1. Notion and sources of civil law of Ukraine.

2. Notion and types of the civil legal relations.

3. Concept of right of ownership.

4. Types (forms) of property in Ukraine.

5. Notion and types of the civil contracts.

6. Notion and types of civil responsibility.

7. Notion of inheritance law/ succession law and inheritance.

8. Testamentary succession and hereditary succession/ legal succession.

9. Person, who has no right to inherit.

1. Notion and sources of civil law of Ukraine

Сivil law is the field of national law of Ukraine, the system of legal norms, which regulate the personal non-property and property relations between natural person and/or legal person.

The sources of civil law are:

1. the Constitution of Ukraine;

2. the Civil code of Ukraine;

3. the laws of Ukraine;

4. the documents of the President of Ukraine, the Cabinet of Ministers of Ukraine and the documents of other public officers.

The main document of civil law in Ukraine is the Civil code of Ukraine, which was accepted on the 16^th of January in 2003 and which entered into fors on the 1^st of January in 2004. It consists of 6 books.

Book 1. General positions.

Book 2. Personal non-property rights of natural person.

Book 3. Ownership and other material rights.

Book 4. Law of intellectual ownership.

Book 5. Obligation law.

Book 6. Inheritance law.

2. Notion and types of the civil legal relations

The subject of civil law is civil legal relations, which are divided into property and personal non-property relations.

Property relations are connected with acquisition, possession and disposing of property.

The personal non-property relations arise up on the basis of realization of the personal non-property rights, for example, for human dignity, honour, life, health, right on freedom of literary, artistic, scientific and technical creation etc.

The personal rights are divided into:

1. personal rights, which are not connected with property, for example, right on name, honour, dignity;

2. personal rights, which are connected with property, for example, personal rights of authors in the field of literature, science, art etc.

The civil law uses the non-mandatory method of legal regulation, when parties or sides of civil legal relations determine their behavior independently by themselves in the limits, which are set by the law.

The civil legal relations consist of three elements: a subject, an object and contents.

The subjects of civil legal relations are legally equal, have separate property and free will. It is the special feature of the civil legal relations.

3. Concept of right of ownership

The right of ownership is the system of legal norms, which regulate public relations, which arise up of appropriation, possession, use and disposing of property.

According to the article 317 of the Civil code of Ukraine the proprietor has the right to possess, use and dispose his or her property. It is the content of the right of ownership. A residence of the proprietor and the location of property do not influence to the right of the owner to be the proprietor.

The right to possess property means that the proprietor has the thing and this thing is his property. There are 2 types of possession׃ legal and illegal.

The right to use property is the right to get the useful properties from the thing.

The right to dispose property is legal possibility to determinate legal or actual fate of the thing by sale, exchange, destruction etc.