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Lectute 4 Bases of civil law of Ukraine (englis...doc
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Lecture 4. Bases of civil law of ukraine plan

  1. Notion and sources of civil law of Ukraine.

  2. Notion and types of civil legal relations.

  3. Concept of right of ownership.

  4. Types (forms) of property in Ukraine.

  5. Notion and types of 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. Persons, who have no right on an inheritance.

    1. Notion and sources of civil law of Ukraine

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

The sources of civil law are:

  1. The Constitution of Ukraine;

  2. The Civil code of Ukraine;

  3. laws of Ukraine;

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

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

Book 6. Inheritance law.

    1. Notion and types of 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 the legal regulation, when parties or sides of civil legal relations determine their behavior independently by themselves in measures, which are set by law.

Civil legal relations consist of three elements: subject, object and contents.

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

3. Concept of right of ownership

According to the legal conception/understanding a right of ownership is the system of legal norms, which regulate public relations, which arise up of appropriation, possession, user and disposing of property.

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

A right to possess property is an actual presence of thing in proprietor. There are 2 types of possession׃ legal and illegal.

A right to use property is a right to get their useful properties from things.

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

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