Doctrinal bases of classification of property rights in civil law

Abstract

In the scientific article the research of doctrinal and normative sources is carried out, which determines the approaches to the classification of property rights in civil law and the selection of own proposals for improving doctrinal approaches to such classification. In particular, it is determined that the existing classifications of property rights in the civil law doctrine, unfortunately, do not fully reveal the essence of this legal institution and need to be improved. In the scientific literature, the classification of property rights depending on the object of property rights, in connection with the object of property rights that belongs to a particular person; depending on the grounds for property rights; depending on the content of property law; depending on the term of property law; depending on the possibility of the subject of property rights to transfer it to other persons without the permission of the owner; depending on the subjective composition of property relations; depending on payment; depending on the method of occurrence; depending on the grounds for acquiring property rights. In the science of civil law there are discussions on the attribution of property rights of trust property, the right of pledge, the right of mortgage, the right of economic management and the right of operational management. Some of these property rights are classified as mandatory rights by the civil legislation of Ukraine, although the legislation of foreign countries mainly considers them as property rights. Civil law refers to a number of exclusively obligatory rights to property rights: the right of permanent use and the right to lease land; the right to use (rent, lease) a building or other capital structures, their separate parts. The scientific article concludes that property rights should be classified based on the criterion of completeness of powers arising from the fact of possession of a thing on: property rights; absolute rights to other people's things (right of possession, easement, emphyteusis, superficies, the right of permanent use of land); limited rights to other people's things (the right of economic management, the right of operational management); ensuring the rights to other people's things (mortgage, mortgage, trust); preemptive rights (preemptive purchase rights).