УДК 347.122                                                                                                                                                                                                             PDF

ORCID: 0000-0001-7337-7907

DOI 10.37566/2707-6849-2020-3(32)-8

Denis SPESIVTSEV,

senior lecturer at the Department of Civil Law

Lesia Ukrainka East European National University,

Doctor of Law

THE PROBLEMS OF RECOGNITION OF PROPERTY RIGHT ON NOT ACCEPTED FOR OPERATION IMMOVABLE PROPERTY AS JUDICIAL WAY OF PROTECTION OF INVESTOR’S SUBJECTIVE CIVIL RIGHTS AND INTERESTS

The article contains the results of author’s idea of an order of usage such way of protection of investor’s subjective civil rights on immovable property (an investment object) and his interests in it as recognition of property right. Nowadays the usage of such protecting way linked to two main problems. The first problem is an object of protection. At the moment of sue the investor has no property right on appropriate immovable thing that makes it impossible to protect it with above-mentioned way. The second problem is a widespread approach according to which the investor has a right to claim the right of property but does not has such right of property till the thing is taken into operation. Moreover scientific approach according to which till the immovable thing is taken into operation it considered as construction in process is supported in modern juridical literature. This make impossible to recognize property right on appropriate thing as on immovable one.

The author proposes an alternative point of view on appropriate problem. In his opinion such way of protecting as recognition of the right of property on immovable thing, that is the investment object, can be used for protection of investor’s right to claim in appropriate relationship as well as for protection his proprietary interest in acquisition the right of property on appropriate real property. At the same time the taking of the immovable property into operation confirms the fact of the completion of the construction building but is not a circumstance that leads to such completion.

The author states that an amendments that have been done in current legislative provisions of Ukraine during the last several years expanded the court’s possibilities in protection of investor’s rights in construction sector. Obviously the recognition of investor’s right to claim related to investment object doesn’t provide the satisfaction of his proprietary interest that is tendency to get right of property on appropriate immovable thing. Moreover, the right to claim is a mean of appropriate aim achievement.

In this regard the most effective way of protection in analyzed situation is the recognition of investor’s right of property on immovable thing (investment object).

Keywords: immovable property, judicial protection, right of property, recognition of property right, proprietary interest

References

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Spiesivtsev D. S. Legal facts in mechanisms of emergence, transfer and termination of real rights on immovable things in Ukraine: the dissertation … Candidate of Science of Law. Kharkiv, 2017. 225 p. [ukr.]