Published September 1, 2020 | Version v3
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PROTECTION OF PROPERTY RIGHTS

  • 1. Vasyl Stefanyk Precarpathian National University , Ukraine

Description

1. Violation of property rights has legal consequences. Legal arrangements of protection of rights begin to function.

Such arrangements are a set of measures taken by a person to eliminate violations and restore the status quo.

It is based on PROPERTY and BINDING remedies.

PROPERTY:

  1. Recognition of rights;
  2. Reclamation of property from another's adverse possession and compensation for damage by such possession;
  3. Elimination of obstacles in any violation of rights, not combined with dispossession of property (elimination of obstacles to use);
  4. Establishing the procedure for possession, use and disposal of property being in joint ownership or use;
  5. Division of joint property
  6. Allocation of a share from joint property;
  7. Restoration of the co-owner`s right to acquire a share in joint property alienated in violation of the owner`s rights;
  8. Release of distrained property;
  9. Reimbursement of cost during requisition.

BINDING:

1) invalidation of a transaction;

2) termination of the action violating the right;

3) restoration of the situation existed before the violation;

4) enforcement of an obligation in kind;

5) change of legal relationship;

6) termination of legal relationship;

7) indemnification and other methods of compensation for property damage;

8) compensation for moral (non-property) damage;

9) invalidation of decisions, actions or omissions of an authority and officials.

Notes

https://youtu.be/HVZgppl6gEk

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