The System of Methods for Acquiring Property Rights

The object of the study is regularities of civil law regulation of public relations that arise during the acquisition of property rights; the regularities are considered in the dogmatic aspect. The study aims to identify the essence and system of methods of acquiring property rights as normative models of actions that underlie the emergence or change of the legal relationship of property. With this aim in mind, the following research objectives are set: to critically comprehend the existing approaches to the legal qualification of actions aimed at the acquisition of property rights; to identify and characterize the original and derivative ways of acquiring the right of ownership; to propose a system of methods known to the current legislation for acquiring the right of ownership. The methodological basis of the research consists in the application of general and specific scientific methods of cognition, including formal legal ones. As a result of the study, the following main conclusions are made. The method of acquiring the right of ownership is a normative model of the action underlying the emergence or change of the legal relationship of ownership intended for this group of cases. The method of acquiring the right of ownership provides for what (actions) and when must be performed by the interested person to establish their ownership of the thing in the emerging or changing legal relationship of ownership. The corresponding actions after their commission become legal facts, which independently or in unity with other circumstances generate (change) the legal relationship of property. In the actual composition, these are the key elements, i.e. actions that decisively determine the fate of the thing. The initial methods of acquiring property rights describe actions that underlie the emergence of a legal relationship of ownership (actions by which the right of ownership is acquired in the resulting legal relationship of ownership). The derivative methods of acquiring property rights are models of actions that are the basis of a change in the legal relationship of ownership (actions by which the right of ownership is acquired in a changing legal relationship of ownership). The system of methods for acquiring property rights is presented in the following form: 1) the initial methods of acquiring the right in the emerging legal connection (effective actions - production of the thing; receipt of fruits, products, income as a result of the use of property; unilateral transaction - possession); 2) the derivative methods of acquiring the right in a changing legal connection (contract; unilateral transactions - the acceptance of inheritance, keeping the thing when it is under an enforced seizure; law enforcement act - seizure of the thing in the course of its nationalization, requisition, confiscation).

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