Real Rights Research Articles

Smart Property and Smart Contracts Under Spanish Law in the European Context

This article analyses the civil and registry implementation of smart property in real estate in Spain from a European perspective. To this end, a general theory is developed for smart property in real estate and transactional smart contracts, paying particular attention to remedies and property acquisition. Based on the remedies suggested by Nick Szabo in his formulation of smart contracts and smart property, such as the smart lien and the property club, other remedies adapted to our Law will be proposed, due to the ineffectiveness of Szabo’s remedies in the Spanish context. In this regard, attention will be paid to the types of acquisition of real rights, the validity and effectiveness of transactional smart contracts, the remedies for breach of contract, and the modifications to registration that these remedies require. Smart real estate requires the tokenization of property and the linking of the digital asset with the real asset. For this purpose, the functions of tokens and the remote control of real estate, the tokenization of real tradition, and the implementation of property technology (PropTech), in particular, the Internet of Things, will be addressed. Finally, blockchainization of the registry will be examined from the perspective of the Land Registry Interconnection and the Interoperability Model for Land Registers (IMOLA) platform in the EU and Alastria Blockchain Ecosystem in Spain, as well as its legal adaptations regarding registry qualification and registry effects in terms of adverse possession.

A Significance of Human Rights

The present day human rights advocacy can be justified on grounds of ‘positive view of freedom’. This entails ‘the view that individual freedom in the full sense involves having an opportunity for self- realization... The political content of the positive view is that, if certain resources, powers or abilities are needed for self-realization to be effectively achievable, then having these resources must be considered part of freedom itself. It is on this basis that modem revisionary liberals have defended the welfare state as a freedom- enhancing institution: it is alleged to confer needed resources on individuals and thereby to expand their chances of freedom’.( Gray.l986:pp.57,58). The view of Bentham on natural rights and the statement of Maurice Cranston on human rights sets in motion the contemporary debate on human rights. On natural rights Bentham opined that “Right is the child of law; from real laws come real rights, but from imaginary law, from “laws of nature”, come imaginary rights...Natural rights is simple nonsense,, natural and imprescriptibly rights...rhetorical nonsense, nonsense upon stilts’.(Quoted in Cranston, Maurice 1967:p.44). According to Maurice Cranston, “The traditional human rights are political and civil rights such as the right to life, liberty and a fair trial. What are now being put forward as universal human rights human rights are social and economic rights such as the right to unemployment insurance, old-age pensions, medical services and holidays with pay. I have both a philosophical and political objection to this. The philosophical objection is that the new theory of human rights does not make sense. The Political objection is that the circulation of a confused notion of human rights hinders the effective protection of what are correctly seen as human rights.(Ibid.p.43). The views expressed by Cranston appealed to me as relevant on perusal of the Vienna declaration and Programme of action adopted by the World Conference on Human rights in Vienna on 25 June 1993.

Waiver of the Right of Economic Management and Operational Management

Optimization of legal regulation of these processes is important for the Russian economy with a traditionally high share of the public sector. Taking into account (Article 49 of the Civil Code of the Russian Federation) the special legal capacity of subjects of the law of economic management and operational management, the waiver of their rights to property (Article 236 of the Civil Code of the Russian Federation) is possible only in favor of the owner, which is confirmed by the relevant judicial practice. Unitary enterprises are not entitled, without the consent of the owner, to dispose of the property assigned to them on the basis of the right of economic management. Prior to the termination of such a right, upon renunciation of it, the owner must withdraw the property from the economic management of the enterprise. This situation is not fully consistent with paragraph 3 of Art. 299 of the Civil Code of the Russian Federation, according to which the owner cannot withdraw property from economic management upon termination of the right of economic management on the same grounds as the termination of ownership. It follows that the owner can withdraw property from the economic management of the enterprise when the latter has refused such management of this property. Other cases should be considered illegal seizure. At the same time, in Russian judicial practice, a different position has developed from the indicated position on the termination of the right of economic management, which is associated with the seizure of the property by the owner and in cases of refusal of the enterprise from the real right.

Public Law Restrictions in the Context of 3D Land Administration—Review on Legal and Technical Approaches

Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.

Aantekeninge: Verblyfvergunning is nie outomaties habitatio nie en totale skade omvat skade gely weens inbreuk op die eiser se vervullingsbelang

According to the headnote attached to the most recent decision under discussion, the litigation turned on the quantification of the total loss suffered by M as alleged holder of a right of habitatio after S as reputed owner of the farm revoked the verbal agreement between the parties entitling M to occupy the dwelling ad infinitum on condition that he renovates the dwelling to a habitable state. Notwithstanding the conviction of the judges involved, it is clear that at no stage were any of the requirements for the acquisition or vesting of a limited real right of habitatio complied with. No limited real right was registered against the farm and S as the alleged grantor of the limited real right was at no stage the owner of the property. He could not have been entitled to burden the property of another with such limited real right. A contractual arrangement between the parties, however, did exist granting the claimant an entitlement to occupy the dwelling. The initially friendly relations between the litigants soured abruptly in February 2013 when S evicted M from the farm because of a supposed blasphemous comment by M. This happened after the claimant had already invested significantly in the restoration and modernisation of the old dilapidated dwelling. “The plaintiff regarded this as a repudiation of the contract between him and the defendant, accepted it as such and left the farm, effectively halting the renovation project” (par 14 read with par 5.4 of the 2016-decision). His claim for compensation of the loss suffered was held by the court to be limited to the amounts reflected in the receipts representing the cost of building material when it was acquired. It is submitted that the court should also have taken note of the loss suffered as positive interest, because the claimant forfeited the calculated benefit of life-long free occupation in the restored dwelling. Because of the underlying agreement between the parties to the litigation, the patrimonial benefit that accrued to the estate of the owner of the farm due to the objective rules of accessio cannot be classified as actionable unjustified enrichment. The principles of unjustified enrichment do not apply – the resulting detriment or loss of M was cum causa and not sine causa. The remarks of the court pointing to unjustified enrichment do not convince. Damages should have been calculated to cover the loss in positive interest of the claimant and not merely his negative interest, ie the amounts paid for the building material used in the renovation. The court, however, held: “I’m satisfied that the plaintiff has adduced sufficient evidence to prove his claim for the costs of renovating the farmhouse on a balance of probabilities” (par 23). The last mentioned mode of quantification of the loss suffered would have been more in place where merely a delict was involved, as eg where the damaged motor vehicle should be repaired to the state it was in before the accident occurred. Had the judges in this case done a correct assessment of loss upon cancellation for breach of contract, it would have led to a respect of the rule of law and would not have been to the detriment of the claimant. The legal principles that should have been applied had already been clearly formulated more than a century ago: “The sufferer by such a breach should be placed in the position he would have occupied had the contract been performed, so far as that can be done by the payment of money, and without undue hardship to the defaulting party …” Victoria Falls & Transvaal Power Co Ltd v Consolidated Langlaagte Mines Ltd (1915 AD 1 22).

Buduća stvar kao predmet stvarnih prava

The paper aims to answer the question whether the concept of " future things" is compatible with property relations by addressing the issues such as: future things as an object of real rights, future things as real securities, transfer of real rights on future things, and future things as an object of enforcement proceedings. The analysis provided in this paper shows the COVID-19 crisis has brought many repercussions, not only to the public health systems in Europe but also to the European economy that has sustained losses during the pandemic. In such dire conditions, certain Macedonian financial institutions (such as banks) have offered financial support to the government and have lobbied for some benefits in return. Unfortunately, the benefits that banks have lobbied for threaten the stability and consistency of the civil law system. The situation raises concern among scholars who have urged for the preservation of the civil law institutes so that the short-term legal solutions implemented in haste for the benefit of some entities (banks) will not cause irreparable long-term damage to the overall civil law system. The authors analyze the provisions of several Macedonian legislative acts that implement the concept of future things in some areas of property law, such as: the exercise of real rights on future things, future things as real securities, transfer of right on future things, and forced sale in enforcement proceedings. The main objective of the analysis is to demonstrate that regulating " future things" as an object of real rights is not sustainable due to the nature of these rights.

Characteristics of the legal institution of co-ownership in Korea

The present article examines the legal institution of co-ownership in the Civil Code of the Republic of Korea (hereinafter — CC RK), with the center of focus being on joint and collective ownership. Unfortunately the Civil Code was prepared rather hastily in the aftermath of more than three decades of colonial rule under the Japanese Empire and the Korean War of 1950–1953. As a result the CC RK has no lack of legislative errors and shortcomings. One of the more serious of these is the conflict of norms on joint ownership. Similar, if not almost identical, provisions on joint ownership exist in Part II (Real Rights) and Part III (Claims) of the CC RK. It is necessary to resolve this conflict of norms by repealing the problematic provision, i. e. Article 704 (Partnership-ownership of Partnership Property), as well as amending provision, i. e. paragraph 2 Article 271 (Partnership-ownership of Property), so as to have the latter conform better to the whole structure of the Civil Code in general. The norms on collective ownership pose no less of a problem for the application of the Civil Code. Although the legal concept of collective ownership was born and developed in German jurisprudence, the institution never made it into the German Civil Code. It was at the opposite side of the globe in Korea that collective ownership was recognized and stipulated in the Civil Code. However such legislation cannot be deemed rational. The concept of collective ownership does not reflect the characteristics of the Korean society and the various transactions that are conducted therein, and therefore lacks practicality and applicability. The sole reason for including norms of collective ownership in the first place was to regulate the particular co-ownership form of unregistered incorporations. It would have been more desirable to include the relevant provisions not in Part II (Real Rights) but Chapter III (Juristic Persons) of Part I (General Provisions), and recognize the grounds for the provisions on juristic persons to apply to unregistered incorporations, unless registration is deemed essential for the application of such norms. Aside from legislative recommendations for addressing the current problems of the Civil Code, the author of the present paper provides a critique of the legal thinking and doctrines on various aspects of co-ownership in Korea.

NFT tokens in the context of copyright on the works

The article attempts to consider legal issues arising in connection with the use of blockchain technologies in the field of intellectual property rights to works of art. The article explores the essence of NFT tokens associated with copyright objects, analyzes alternative options for attributing them to the institute of real rights or intellectual property rights. The legal regime of certain types of tokens and their legal regulation in foreign legislation is considered. The conclusion is formulated that the NFT token is a digital confirmation of copyright related to a digital work. The current copyright regulations provide protection to the original work associated with the token, to the extent that protection is granted to works that exist in the real world. It is proposed to consider the NFT token registered in the blockchain registry as proof of the legitimacy of the copyright holder's title, the authenticity of the copy of the work and its origin (provenance). It is proved that the illegal issue of a token associated with a work, without the consent of the copyright holder of this work, should be recognized as the manufacture of a counterfeit copy of the work, and the person who illegally issued such a token is liable for creating a counterfeit copy of the work if it is possible to identify the subject of responsibility and there is evidence of his bad faith.

THEORETICAL ASPECTS OF UKRAINIAN ENTERPRISES ECONOMIC WASTAGE AS A RESULT OF THE MILITARY AGGRESSION OF THE RUSSIAN FEDERATION AS A SUBJECT OF COURT ECONOMIC EXPERTISE

The article substantiates the need to improve the conceptual and categorical apparatus, which will unambiguously interpret the definition of the term «loss», which, in turn, will contribute to the correct definition of the research subject and tasks by experts. It has been established that the Russian aggression led to the development and adoption of a number of legal acts that will regulate the issue of determining the damage caused to Ukraine. The interpretation of the terms «loss», «lost profit», «economic wastage», which are disclosed in domestic law and scientific works, is analyzed. The provisions of the Law on Accounting and the National Regulation (Standard) of Accounting «General Requirements for Financial Reporting», which regulate the essence of income and profits, are disclosed. It is concluded that the excess of costs over revenues is a loss. The author’s vision of the essence of losses as an economic category is given. It was found that in the current regulations there is no interpretation of the concepts of «lost», «damaged» and «destroyed» property. Provisions of the Draft Law on Protection of Property Rights and Other Real Rights of Persons Victims of Armed Aggression registered with the Verkhovna Rada of Ukraine have been examined. It is established that the concept of «losses» is considered by scientists from two positions: legal and economic. The economic nature of the company’s loss is revealed. It is proved that the difference of approaches in the interpretation of losses and their composition significantly affects the definition of the subject of forensic economic examination. It is revealed that there is a certain debatability of scientific views on determining the subject of forensic economic examination. A matrix has been formed, which summarizes the views of scientists and practitioners on forensic economic expertise.

ЕМФІТЕВЗИС: ІСТОРІЯ ТА ПРОБЛЕМИ ОБЛІКУ

The article examines the issue of emphyteusis. The historical origin of emphyteusis is considered and the main problematic issues are identified. Emphyteptic land use is one of the oldest forms of land use, originating in ancient Greece and becoming an integral part of classical Roman law. The reason for the spread and use of emphyteusis was the combination of economic use of land and maintaining dominance over large areas in government projects and the desire to obtain the status quo by its owners. The main aspects of the impact on management decisions on accounting for land resources are considered. Unlike a lease agreement, only agricultural land can be the subject of an emphyteusis agreement. One of the transactions that is increasingly used today for the long-term involvement of agricultural land in use is emphyteusis. The normative substantiation of emphyteusis relations and bills aimed at their legal settlement have been studied. A feature of the emphyteusis agreement is the limited legislation on its content, procedure for concluding, executing and terminating. In contrast to land lease agreements, the regulation of which is the subject of a separate law, only a few articles of the Civil Code of Ukraine are devoted to the regulation of emphyteusis agreements. A comparison of types of property law: easement, emphyteusis and superficies. Domestic and international legislation, current state of ownership of agricultural lands are analyzed. The organizational features of attraction of agricultural lands on the terms of emphyteusis and lease are determined. Emphyteusis as a real right can be transferred by the land user in sublease, inheritance, pledge, or as a contribution to the statutory fund of a legal entity. In other words, it is a certain asset that can be used both to sell and to raise funds. The right of emphyteusis as an accounting object has its own specifics, based on the organizational characteristics of this type of land use. Organizational, methodological and legal aspects of land resources accounting are substantiated, in terms of emphyteusis: objects of accounting, accounts, cost items and primary documents. The method of accounting for the right of emphyteusis, allows you to reflect the intangible asset and the sources of its formation, depending on the essential terms of the emphyteusis agreement.

System of registration of real estate rights in the Moscow State of the XVI-XVII centuries

System of registration of real estate rights in the Moscow State of the XVI-XVII centuries

Protection of long-term land ownership: some problematic aspects

The ability of Ukrainian current legislation and law enforcement practice to provide effective protection of the interests of titleless bona fide landowners was critically assessed. It is noted that the problems of the long-term owners’ interests protection should be solved in the scope of a more general problem, namely the protection of titleless ownership as such. Emphasis is placed on the need for autonomous formulation in the Civil Code of Ukraine of provisions on the protection of titleless ownership and possession of property based on law. This is due to the fact that these civil law institutions have a very different legal nature. The description of these institutions in the national legislation of Ukraine is highlighted, which will take into account the specifics of the legal regulation of relations on the actual ownership of property and increase the effectiveness of protection of the interests of titleless owners. The position of the highest courts of Ukraine on the extension of the regime of protection of real subjective rights to long-term ownership has been challenged. Attention is paid to the need for scientific substantiation of legislative expansion of the methods of protection of long-term land ownership. The current legislation of Ukraine allows the possibility of protecting the interests of long-term landowners only by filing a lawsuit to restore their de facto control over such property. Ways to protect against non-loss of property are not legally available to long-term landowners. It is emphasized that the possibility of satisfying the claims of the long-term owner to restore possession of the property must be linked to the condition of good faith conduct of such a plaintiff. The good faith conduct of the owner should be considered both at the time of establishment of possession and in relation to the subsequent circumstances of possession of the property. In particular, the owner of the property may know that he or she does not have a title to the property and even know who owns the property, but if the owner does not hide the fact of taking someone else's property and is willing to return the property to its owner, it should be considered bona fide.

Tescil dışı alanların arsa düzenlemelerinde değerlendirilmesi

The areas described as "un-owned" in 715th article of the Turkish Civil Code (TMK) are excluded from registration and restriction in accordance with 16th article of the Cadastre Law, and if they are subject to registration, they are required to be registered by administrative means in accordance with 22nd article of the Cadastre Law. While non-registered areas are also encountered in the Land Readjustment’s article (18th) in the Zoning Law numbered 3194, in the regulation dated 2020 (LR Regulation), it is stated that non-registered areas are registered in the name of the Treasury, and the principles of their arrangement are defined. Moreover, the necessary condition for the registration of non-registered places is the existence of real rights according to 999th article of the Civil Code and the circular numbered 2013/11 of the General Directorate of Land Registry and Cadastre (TKGM) in which it is considered as being included in the zoning plan provides the registration-inducing real right provision. However, the source of real rights is not the existence of the zoning plan, but the decisions brought by the zoning plan, which is the regulatory action. In this case, the form of registration differs significantly. In this article it was aimed to discuss the opinions of TKGM2013/11 circular and to define the concepts correctly, and an approach based on main idea was developed. Besides, evaluation of the non-registered areas in land readjustments according to LR Regulation is also included in the article.

Guarantees of the Right to Housing: A Comparison of Syrian and Russian Legislation

The paper is devoted to the topical problem in civil law in Russia and Syria, i.e., the right of ownership of residential premises, its registration and methods of protection. The paper presents the results of a comparison of regulatory support and the procedure for state registration of rights to housing in Russia and Syria. Similar and distinctive features are defined, urgent issues of the legislation are revealed. The author formulates proposals for amending the Syrian legislative framework in order to improve the process of registering the right to housing, taking into account the Russian experience. In particular, it was concluded that the Syrian legislation needs to be supplemented with rules governing the right of ownership and other real rights to real estate associated with residential premises. Certain legal provisions can be borrowed from the Russian law. In addition, issues of ownership, especially for residential real estate, should be regulated by special rules due to the essentially special status of residential premises in comparison with other real estate objects. It has been established that the current Syrian Civil Code does not adequately regulate issues related to ownership and registration of rights to residential premises. For this reason, the author believes that there is an urgent need to develop housing legislation in Syria. It is necessary to develop special provisions that would deal specifically with the rights to residential premises.

The Collateral Directive and Financial Collateral: Ownership of, or entitlement to, collateral?

Abstract It is controversial if incorporeal moveables (or choses in action) can be the object of property rights. The Collateral Directive arguably attempts to take the middle-ground in this debate. It acknowledges that a person may have either ‘full ownership of’, or 'full entitlement' to, financial collateral, which are conceptualised as intangibles. The approach adopted by the Directive throws up some questions: Is there a difference between owning or being entitled to collateral? If there is a difference, does this matter? The article first highlights the underlying controversy between these two concepts: which arises because of the different conceptions of real rights, or right in rem, and the need to protect the boundary between real and personal rights. The article then argues that although ‘owning’ and ‘entitlement’ are different concepts, there are also functional similarities between both concepts which arguably the Directive extends further than necessary.

The prospects for regulating superficies in modern civil legislation of the Russian Federation

The need for the reform of civil legislation and, namely, the real right, is a frequently discussed and valid problem of the Russian civil law. The solutions this problem have been devised for over a decade, which resulted in the Concept of the Development of Legislation on Real Right that presents the fundamentally new system of limited real rights, particularly the superficies. The subject of this article is the institution of superficies, the establishment of the real right essence of which comprises the hypothesis of scientific research. The authors examine the doctrinal provisions that regulate the legal nature and essence of this phenomenon, outline the advantages of the right of superficies with regards to the practice of application of lease obligations under the condition of superficies, analyze the foreign experience of exercising the right of superficies for its implementation by the Russian legislator within the framework of finalizing the Concept of the Development of Legislation on Real Right. The conclusion is made on the prospects for regulating superficies as the real right due to the existence of reasonable advantages with regards to tenancy, as well as on establishment of possibility of abusing such right by the developers (tenants) in the context of application of the provisions of the  Article 39.20 of the Land Code of the Russian Federation – benefits in acquisition of the right to public land; feasibility of consolidation of the nature of the right of superficies in the aspect of using proprietary methods of protection (including the claims of the owner) that would ensure and guarantee the holder of the right of superficies the protection against claims of third parties, including landowner; finding compromise solution with regards to securing guarantees for compensation payment to the superficiary for the build real estate object if the right of superficies is terminated. This would allow retaining the principle superficies solo cedit and enhancing the proprietary  nature of the right of superficies.

A Study on the matrimonial property system Comparing with the interpretations of the Japanese Civil Law

The provisions on the matrimonial property system in the Korean the Civil Law apply to a married couple unless otherwise specified in a premarital agreement signed by the couple (Article 829 of the Civil Law). This article overviews the history and theories of the property system in the Japanese Civil Code, as it is regarded as the most similar to the matrimonial property system in Korea. The social perception of marriage may vary depending on the time and social situation, which makes it difficult to clearly grasp the public’s general preference for the marital system at a given time. However, it may be possible to derive such preference from social perception surveys utilizing relevant statistics. When we take a look at similar survey findings and statistics in Korea, we find out that, in the 1960’s when the first Civil Law was enacted, average Koreans married in their 20’s and stayed married for around forty years, and wives were not actively engaged in economic activities in general. Today, on the other hand, the marriage rate is declining while the divorce rate is increasing along with the remarriage rate. These stark differences between the two periods warrant a question; are the marital property relationship in those two periods the same? This eventually leads to the question of whether to uphold the social value that comes from a couple’s joint pursuit of communal life through marriage, or leave decisions on matrimony and the dissolution thereof to each individual’s free judgment. It should be noted that, unlike the past, marriage today is widely considered a contract that establishes a human community between men and women, and such a community can be freely established and dissolved based on individual affection. That is, ‘merger and succession of families’ is no longer emphasized in the marriage context. Therefore, with regard to spouses or children in need of economic support during marriage, it is necessary to grant them a way to file claims for support fees and have those claims executed with meaningful results, promote meaningful property division in case of divorce or find a way to increase a spouse’s inheritance. In particular, for couples in de-facto marriage where one of the spouses is reluctant to form a matrimonial property relationship and postpones or rejects marriage registration, it is necessary to adopt protective measures for the other spouse and their children. The 2020 bill to the Civil Law can be regarded as part of the continuous efforts to address economic inequality within married couples through the law. However, as one finds out, the bill contains provisions that are difficult to adopt without fundamental changes to the legal doctrine on change of real rights or the disclosure method thereof. The adoption of the bill is expected to face difficult challenges in terms of transaction safety. Therefore, the matrimonial property system under the Civil Law should be interpreted in a way that allows only the minimal level of solidarity required for the support of the married couple, so as to ensure that the interpretation is based on freedom of marriage but does not infringe on the safety of transaction.

Prospects for protection and protection of the rights of investors in residential real estate: judicial and extrajudicial means

The main concepts of the mechanism of regulation of guarantees of protection of the rights of investors of residential real estate were considered in the article. The current state of legal regulation of investors' rights is analyzed and it is established that the existing legal definitions create a «blurred» legal field, which is the basis for abuse in this area. The existing opinion in the scientific literature on the existence of general and special legislation in the field of regulation of the rights of investors in residential real estate is supported. It is established that the draft Law of Ukraine «On guaranteeing property rights to real estate to be built in the future» belongs to the special legislation and, subject to its adoption, will be the main source that structures the «blurred» and broad legislative field presented in special legislation only by the Laws of Ukraine «On investment activity» and «On state registration of real rights to immovable property and their encumbrances». The analysis of foreign investment and other features of investment is left out of this scientific article, as the aim was to study the existing and future guarantees of residential real estate investors' rights under the draft Law of Ukraine «On guaranteeing real rights to real estate to be constructed in the future». Some novelties of the bill are analyzed, in particular the form of the transaction concerning the future real estate object, its essential conditions and it is established that the bill strengthens guarantees of the rights of investors of residential real estate, that introduces the obligatory form of such contracts - purchase, sale. The novelties of such an agreement, in particular, will be mandatory information on the legal grounds for the acquisition of ownership by the developer of land ownership; guaranteeing the first sale of the future real estate, guaranteeing the absence of third party rights to the future real estate. Taking into account the provisions of general legislation, in particular, the provisions of the Civil Code of Ukraine on contracts, it is established that the contract is concluded only after the parties agree on all material terms, so consolidating these novelties as essential terms of the contract will prevent double sale of future object real estate.

Peculiarities of Usufruct in the Countries of Roman-German Law: Implementation of Best Practice in Ukrainian Law

The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation of the best European practice of usufruct in the law of Ukraine. The law of European countries of continental law recognizes the usufruct as a real right of personal possession for use, which is considered an independent real right to another's property or a kind of easement. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Georgia, Moldova and Russia, are researched. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia, are researched. The issues of usufruct implementation in the law of Ukraine are considered. The issues of usufruct implementation in the law of Ukraine are considered. The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter “Uzufruct”, the framework provisions of which are proposed in this paper.

Non-fungible tokens (NFT) and intellectual property: The triumph of the proprietary approach?

Technical methods of intellectual property protection are reviewed and combined in the essay in the discourse of historical development — from man-made signatures of Renaissance artists to non-fungible tokens (NFT). The proliferation of NFTs is analyzed from the point of view of the commercial law: NFTs are discussed as objects that simultaneously have the characteristics of independence and a derivative nature in relation to intellectual property being the underlying digital asset. The self-sufficiency of NFTs as legal objects is provided by their commodity properties, which arise not only from the value of the underlying asset, but from the phenomenon of crystallization of the unique fixed version of the asset in a non-interchangeable and irreproducible token. The derivative nature of NFTs, figuratively correlated with the derivative contracts in financial markets, is manifested in the symbolization of intellectual property as an underlying asset and the loss (in full or in part) of its usual significance for a potential acquirer when placed in an NFT-image. Despite the variety and a specific evolution of legal approaches to the understanding of intellectual property, we can state a long-standing conceptual rejection by legal scholars from the simplest proprietary theories of transferring real rights constructions to intellectual property. However, some absolute property features of the NFTs, ensuring both internal and external legal aspects of the property, raise the question of a new legal life of “proprietarism” in the conditions of digitalization and information capitalism.