On a Share Legal Nature as an Object of Civil Rights

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It is known that property can be owned and used, or used only, by not only one, but two or more parties. In this regard, it is common to speak of shares. However, despite the fact that shared ownership has existed throughout human history, the question of the legal nature of a share continues to generate debates among civil law scholars. Specifically, some scholars believe that a share is a subjective right. The other opinion is that a share can be as an object of civil rights. The purpose of this study is to determine the legal nature of a share as an object of civil rights, based on an analysis of legal literature, current civil legislation, and the judicial practice of higher courts. In writing the research, the author bases on a system approach, theoretical methods of formal and dialectical logic, as well as methods of comparison, description and interpretation. Rely on the study of such categories as “object of civil rights” and “object of civil transition”, the examination of the features of civil rights object and their presence in relation to the shares, scientifically substantiated conclusions have been made that the share is an object of civil rights, it is a part of the whole and it belongs to a certain person and has the same characteristics as the whole. In the system of civil rights objects, a share is classified as a property right.

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Civil law, joint shared property, object of civil rights

Короткий адрес: https://sciup.org/142246642

IDR: 142246642   |   УДК: 347.238   |   DOI: 10.33184/vest-law-bsu-2025.28.11