| dc.contributor.author | Patsurkivskyi, Yurii | |
| dc.date.accessioned | 2021-09-13T06:54:02Z | |
| dc.date.available | 2021-09-13T06:54:02Z | |
| dc.date.issued | 2019 | |
| dc.identifier.citation | Yuriy Patsurkivskyy. Social Property Function as the Basis for Establishing Boundaries and Restrictions of Property Rights /Y.Patsurkivskyy // LUMEN & FDSA Conference “Ethnical and Social Dimensions in Public Administration and Law ”, 16-17 May, 2019, Suceava, Rumania s Cernivtsi, Ukraine. | uk_UA |
| dc.identifier.issn | 2360-6754 | |
| dc.identifier.uri | https://archer.chnu.edu.ua/xmlui/handle/123456789/786 | |
| dc.description.abstract | The article analyzes the constitutional and legal regulation of property relations in
the Ukraine and European legislation. The author concludes that the absence of direct
instruction on a social function of property in the former postsoviet countries can be
explained by the conditions in which their constitutions were adopted and by the aims
which they pursued.
On the contrary, in the special legislation a social function of property is traced
better. Roman jurisprudence viewed property as unlimited and exceptional domination of a
person over a thing, as a right free from restrictions and absolute in its defense. "The owner
has the right to do with his thing all that he is not directly prohibited," - so claimed
Roman lawyers about the right to private property. This opinion prevailed throughout the
entire period of the development of law, and it sounded most clearly in the era of the great
bourgeois revolutions. However, the popularity of social studies gradually growing in society
led to the fact that the concept of the social function of property was reflected in the
constitutional legislation of European states. This direction of development of legislation
was part of the overall process of socialization of property. The general requirement to act
honestly and reasonably while implementing the property right follows from provisions of
the same principle established among the main beginnings of the civil legislation which can
be considered as the general restriction of the property right. The article concludes
etymologically, means to set some borders, limits in implementation of the right there-fore it
is necessary to understand the bounds established in implementation of competences of the
owner on possession, use and the order of property and also the measure of his due behavior
established by the law in civil circulation as restriction of the property right. To encumber
means to impose a burden of execution of any hardships. So, by the general rule the owner
bears a burden of maintenance of the property belonging to it, i.e. he is obliged to contain
property in proper condition, to make concerning property of action, ordered by sanitary,
veterinary, fire protection and other standards and to fulfill other requirements. | uk_UA |
| dc.description.sponsorship | приватного права | uk_UA |
| dc.language.iso | en | uk_UA |
| dc.publisher | European Journal of Law and Public Administration | uk_UA |
| dc.subject | Property relations | uk_UA |
| dc.subject | social function of property | uk_UA |
| dc.subject | realization of the function of property | uk_UA |
| dc.subject | limiting private property, restrictions of the rights of the owner's share | uk_UA |
| dc.subject | oncept of social function of civil law. | uk_UA |
| dc.title | Social Property Function as the Basis for Establishing Boundaries and Restrictions of Property Rights | uk_UA |
| dc.type | Article | uk_UA |
