1. Concept of ownership of land. Land since the item of ownership

Concept of ownership of land

Ownership of land is typically viewed as particular entitlements of someone towards land parcel.

§ 1 art. 78 LCU defines ownership of land as “ a straight to have, to utilize also to dump land parcels ”. Many associates of this appropriate doctrine of Ukraine additionally try to define ownership as a couple of entitlements utilising the triad that is classic in LCU 1 and often contributing to it several other entitlements – e.g., to easily get land parcel also to protect their house to land 2 .

Such an approach (to establish ownership through a collection of entitlements) appear to be vulnerable for experts: large amount of instances could be provided of circumstances if the individual has got the entitlements to own, utilize also to dump, it is perhaps maybe perhaps not an owner; and the other way around , its rather feasible that the master doesn’t have some or all of the entitlements in a few moment of the time. So that the writer is associated with viewpoint that no number or mixture of entitlements can describe ownership 3 adequately . Several other method is essential.

§ 1 art. 316 CCU defines the ownership as “ right of someone which may be enjoyed pursuant into the legislation on his or her very own discernment irrespectively regarding the might regarding the third person ”. This meaning is a significantly better make an effort to explain the home right, however it is also broad as well as in simple truth is real regarding any right in rem .

The rules which govern nature and substance of the ownership in Ukraine give no reason to depart from the well-established definition of the ownership offered by art in my opinion. 544 associated with the Civil Code of France: “ Ownership may be the straight to enjoy and dispose of things when you look at the many absolute manner, offered they may not be found in an easy method forbidden by statutes or laws ” 4 . Based on Y. Shevchenko 5 and L. Zastavs ’ ka 6 , comparable meanings with minor variations are utilized in lots of various other nations of Roman legislation system that is legalAustria, Germany, Japan etc.).

Land (land parcel) because the item of ownership

More often than not that the formula of “ownership of land” is used, the expression “ land ” is employed into the meaning of “ land parcel ”. Simply a land parcel could be recognized as an item of every home right.

State and regional communities can frequently have (as well as correctly identified land parcels) huge tracts of land, which are not land parcels in thin appropriate feeling ( being a item identified with boundaries, set with a particular level of accuracy, and joined within the land cadastre under a distinctive cadastral quantity). However also these regions may be things of ownership. They are categorized as the large comprehension of the term “land parcel”.

Regarding the term that is very parcel” and its particular use in the land law of Ukraine see ch. we above.

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