Issue: № 5/1, 2021
Doi: https://doi.org/10.37634/efp.2021.5(1).1
Introduction. The right to thing and its law institutions has repeatedly become the subject of scientific research of both Ukrainian and foreign scientists. However, despite the significant number of scientific researches on this issue, the definition of the right to thing has not been enshrined in legislation of Ukraine. This indicates that the right to thing remains one of the most complex and least studied law categories of civil law. The purpose of this paper is to define the concept of the right to thing and outline its features that distinguish it from other institutions of civil law. In accordance with the goal, the main objectives of this study are to formulate a definition of the right to thing, define its system and elements, outline the types of the right to thing in accordance with the well known classifications. Results. This paper is devoted to the study of certain aspects of the right to thing as a subjective right. This legal category is well known to modern scholars, since it dates back to the times of Ancient Rome and has come down to our days without significant changes. But various kinds of social relations, their development, the appearance of new types have a significant impact on the right to thing in general, its features, structural elements, and so on, so the study of this subjective civil law remains relevant. This paper examines the concept of the right to thing, which remained outside the attention of the domestic legislator; classification of the right to thing; characteristics of the right to thing and its correlation with the liability rights; it is determined that the right to thing and the special property are the key law institutions of the right to thing; the methods of defending the right to thing are indicated in this paper. Conclusion. The right to thing is a right that enshrines the ownership of a tangible thing to a particular person, direct control over it in a clearly defined scope of powers and endowed with protection from any person who violates this right.
Keywords : Real rights, right to thing, property rights, special property, methods of defence of the right to thing, vindication claim, negatory claim
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