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з англійської мови

на тему: «Ownership»

 

 

Підготувала

студентка 212 групи

Таран Ірина

 

 

Чернігів 2013 р.

 

Plan

1. Ownership……………………………………………….………………..3
2. Forms and types of ownership……………………………………………5

List of reference …………………………………………………………….7

 

 

1. PROPERTY AND OWNERSHIP

This topic usually begins the study of individual institutions of civil law. Institute of ownership is central to the system of civil law of any legal system, including the legal system of Ukraine.

What explains this important institution of property rights? Before answering this question say something about the concept of ownership. It must be analyzed in at least two respects: economic and social.

Considering property in economic terms, we must proceed from the fact that the property - the ratio of the subject (citizen, legal person) to a particular thing as good to him as to his. It is the distribution of 'mine and not mine "established property. Property occurs only in society, for the' force field 'society no person who would not being owners of a particular way, were obliged to treat it as an alien.
Thus, the property - the relationship between people about things. On one side of the relationship - the owner, which refers to certain things as his, the other - not owners, all other persons who are required to treat this thing as someone else. Assigning a specific thing, the owner thereby eliminating it from all other persons, acting in this way in a relationship with them.

We emphasize that the very society is impossible without a certain property relations: these relations define its economic structure, ideological, moral and political face.

Property relations as social property relations are characterized by a strong-willed character, which manifests itself in the possibility of the owner of his own will to possess, use and dispose of its property.

The social value of property is that the property is provided by expression of the person filled with real content of its capacity. The social nature of the property shows that the state, as owner, pay pensions, all kinds of assistance to disabled and other citizens.

Playing a significant role in society, the property can not be left unattended law.
Interest in the legal property relations due to, firstly, the need to ensure stable current needs of citizens and other legal entities in the property, protection of interests in business and intellectual activities make inviolable property to others, and secondly, the inability to effectively replace property rights other proprietary rights. The owner has a lot more opportunities for the possession, use and disposal of their property than, say, a tenant, a guard, and thirdly, to prevent tyranny of the ownership entities in possession, use and disposal of property. Ownership, like any law, is an instrument of limitation rights of property relations.

Thus, property generate demand their legal regulation, which leads to ownership, which also will be subject to further review.

 

2. FORMS AND TYPES OF TITLE


Forms of ownership. The law "On Property" indicates that property in Ukraine is in the form of private, collective and state ownership. So, in Ukraine there are such forms of property rights: the right to private, the right to collective and state property. The basis of the separation of ownership form is the principle of subjectivity, that is, the principle of rights belonging to a particular subject. To the right of private ownership of property owned by citizens and legal entities established by them. State property applies to property that belongs to Ukraine as a whole (national ownership) and administrative-territorial units (communal ownership).
The right to collective ownership emphasize that Ukraine is a property that can not be attributed either to the right of private nor state property. This property belonging to trade unions, political parties and other public associations, religious and other organizations, which are legal entities. Perhaps it is right on the property and should be called right of collective ownership. But legislators to the right of collective ownership, except these, counts as ownership, belonging to collectives of state enterprises, collectives tenants, collective enterprises, cooperatives, joint stock companies, companies and associations.

As you can see, the above subjects or not may make the subjects of property, or belonging to the subjects of private or public property.

Thus, we can assume that Ukraine is a full ownership in the form of private and public (national and municipal) property and is the beginnings of ownership in the form of collective ownership.

Types of ownership. Separation of ownership form does not deny its classification on other grounds. Thus, the right to private property may be proprietary and public ownership entities. The right of state ownership can be a right of operative management of public institutions and state-owned enterprises and the right of full economic management of public enterprises. In addition, ownership may belong to more than one entity, but several. On this basis it is possible to allocate joint ownership, which is divided into the right joint and common partial ownership. Common joint property is divided into matrimonial property, ownership, members of the peasant (farmer's) economy and property members of the family property, arising from the acquisition of property joint labor of family members.
One of the types of property rights is the right to intellectual property.
Therefore we emphasize classification ownership can be varied, depending on the practical needs of the division. At the same time pay attention to the fact that the separation of ownership form fixed by law, and the separation of ownership types made both with regard to legal provisions and with the theoretical and practical reasons.

 

 

List of references

1. Legal Dictionary. - K., 2000.
2. Civil Code of Ukraine, 2012.
3. Garshin S.M. Ownership in the international arena. / / Galician contracts. - 2001. - № 3.
4. Berezun I.S. and others. Legal problems of today. - K., 2000.

 

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