PECULIARITIES OF RIGHTS AND RESPONSIBILITIES REALIZATION IN THE SPHERE OF EASEMENT USE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
This article is dedicated to general characteristics of such separate component in mechanism of civil regulation of easement relations as acts of implementation of subjective civil rights and responsibilities. Realization of rights and responsibilities in the sphere of easement use is mainly determined by the nature of easement relations, their irregularities. After all, easement legal relations are a system of legal relations that arise and develop due to and within easement, namely: proprietary easement legal relations and obligation easement legal relations. Of course, proprietary and obligation rights are substantially different from each other and, therefore, different is the process of implementing them. As a consequence, within the framework of this article, the separate attention is paid to the study of the nature of content implementation of proprietary easement relations and obligations easement legal relations separately. It was stated that in the sphere of easement use, all acts of direct implementation of rights and responsibilities are manifested, namely: the use (implementation), execution, observance. Law enforcement as a special form of right implementation is not common for easement implementation as subjective civil right and mainly mediates implementation process of rules of law determining the order of easement occurrence. The article analyzes implementation process of passive obligation of third parties, the scope of which is not defined; do not break the rights and legitimate interests of the owner of the easement. An act implementing this obligation is the observance, the essence of which comes down to the lack of law violation during the whole duration of the easement. Considerable attention is paid to the study of peculiarities of easement implementation as a separate subjective property right on another’s property. On the basis of theoretical generalization of existing in the civil law doctrine the views of scientists for understanding the essence of the term “the implementation of subjective civil right”, the author of the article suggests a definition of the term “the implementation of easement as a subjective civil right”. In the context of this problem, the issue of the easement content is analyzed separately and expressed are the arguments in favor of inappropriate inclusion into content of easement of powers of ownership. The implementation of easement is conducted through actual actions of the owner of the easement which are both ways of limited use at easement. Actual ways of implementing easement are classified into two groups: 1) named; 2) unnamed. Analysis of implementation process of the legal content of obligation easement legal relations is carried out on the example of monetary obligations regarding payment for easement imposition and/or use of another’s estate property based on the easement. As a result, the author of the article concludes that the specificity of monetary obligation within the frame of easement is its dependent, accessory nature through inseparable chain of implementation process of that commitment with easement implementation process as a subjective property right.
Authors and Affiliations
В. В. Мазур
Keywords
Related Articles
- EP ID EP589521
- DOI -
- Views 85
- Downloads 0
FORMATION OF THE SYSTEM OF STATE ADMINISTRATION IN THE FIELD OF MINING IN THE PERIOD OF KIEVAN RUS, THE COSSACK ERA, AND IN THE UKRAINIAN LANDS WITHIN THE RUSSIAN EMPIRE
In this article, the author examined the main historical and legal prerequisites for the development of the system of state management of mineral extraction in different epochs of development of statehood in Ukraine. The...
IDENTIFICATION AND ADAPTATION OF BASIC SUBSTANTIVE CODES OF UKRAINE AND POLAND TO THE EUROPEAN UNION LAW
The article is devoted to the comparative analysis of basic substantive Codes of Ukraine and Poland and their adaptation to EU law. Both Poland and Ukraine tend to the Roman-Germanic legal system that is characterized by...
REGARDING THE TOPICAL QUESTIONS OF MODERNIZATION (RECALCULATION) OF PENSIONS
Reforming the pension system today is one of the main directions for improving the overall system of social protection of population in Ukraine. Placing importance on pension system and such necessity is determined by lo...
PRINCIPLES OF MUNICIPAL RULE-MAKING: NATIONAL EXPERIENCE AND EUROPEAN PRACTICE
Among the twelve principles of good governance at the local level is the principle of the rule of law, which has recently attracted particular attention. The evolution of the rule of law principle has led to changes not...
THE DEVELOPMENT OF LEGISLATION DEVELOPMENT IN THE SPHERE OF THE PEOPLE SUFFERED FROM ACCIDENT AT WORK OR OCCUPATIONAL DISEASE SOCIAL WELFARE IN THE INDEPENDENT UKRAINE
The history of legislation development in the sphere of the people suffered from accident at work or occupational disease social welfare since 1991 is studied. The comparison of types of social welfare sphere of the peop...