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LECTURE 4. BASES OF CIVIL LAW OF UKRAINE PLAN 1. 2. 3. 4. 5. 6. 7. 8. 9. Notion and sources of civil law of Ukraine.

Notion and types of civil legal relations. Concept of right of ownership. Types (forms) of property in Ukraine. Notion and types of civil contracts. Notion and types of civil responsibility. Notion of inheritance law/ succession law and inheritance. Testamentary succession and hereditary succession/ legal succession. Persons, who have no right on an inheritance. Notion and sources of civil law of Ukraine A civil law is the field of national law of Ukraine, system of legal norms, which regulate the personal non-property and property relations between natural and/or legal persons. The sources of civil law are: 1) The Constitution of Ukraine; 2) The Civil code of Ukraine; 3) laws of Ukraine; 4) acts of the President of Ukraine, the Cabinet of Ministers of Ukraine and acts of other public officers. The main document of civil law in Ukraine is the Civil code of Ukraine, which was accepted on the 16th of January in 2003 and which entered into the fors on the 1st of January in 2004. It consists of 6 books. Book 1. General positions. Book 2. Personal non-property rights of natural person. Book 3. Ownership and other material rights. Book 4. Law of intellectual ownership. Book 5. The obligation law. Book 6. Inheritance law. Notion and types of civil legal relations The subject of civil law is civil legal relations, which are divided into property and personal non-property relations. Property relations are connected with acquisition, possession and disposing of property. The personal non-property relations arise up on the basis of realization of the personal nonproperty rights, for example, for human dignity, honour, life, health, right on freedom of literary, artistic, scientific and technical creation etc. The personal rights are divided into: 1) personal rights, which are not connected with property, for example, right on name, honour, dignity; 2) personal rights, which are connected with property, for example, personal rights of authors in the field of literature, science, art etc.

which establishes. It is content of right of ownership. It is the special feature of civil legal relations. Civil legal relations consist of three elements: subject.right of ownership of ukrainian people (article 324). .right of communal ownership (article 327). The subjects of civil legal relations are legally equal. A right to use property is a right to get their useful properties from things. 4) collective property is property of group of people. According to the article 317 of the Civil code of Ukraine the proprietor has a right to possess.right of national domain (article 326). when parties or sides of civil legal relations determine their behavior independently by themselves in measures. in writing (simple written and notarial valid). natural resources etc. 3) a national domain is property of Ukraine for implementation the functions of the state. 4. exchange. 2) according to the payment: payment and gratis. A right to dispose property is legal possibility to determinate legal or actual fate of thing by sale. There are 2 types of possession‫׃‬legal and illegal. persons without citizenship) and also property of non-state legal persons. 3. . contract of donation. bilateral and multilateral. A residence of proprietor and location of property do not influence to the right of owner to be the proprietor. use and dispose of his/her property. changes or stops civil right and duties. In this case it is actual and has proper legal force. There are such types of contracts: 1) according to the term: for a fixed period and permanent. 5) according to the division of rights and duties: unilateral (onesided). . According to the Civil code of Ukraine there are such types of the right of ownership: . A right to possess property is an actual presence of thing in proprietor. The national domain is divided into national and communal (property of territorial communities of administrative-territorial units). which regulate public relations. object and contents. 4) according to the form of conclusion: verbal. which arise up of appropriation. foreigners. user and disposing of property. Concept of right of ownership According to the legal conception/understanding a right of ownership is the system of legal norms. possession. which are equal: 1) a property of ukrainian people are air space. 2) a private property is property of natural persons (citizens. . contract of lease etc. which are set by law. have the separate property and free will.The civil law uses the non-mandatory method of the legal regulation. The contract must be in accordance with requirements of law. 5.right of private ownership (article 325). Notion and types of civil contracts A contract is an agreement (legal transaction) between two or more parties (sides).. destruction etc. 3) according to the contents: contract of purchase-sale. Types (forms) of property in Ukraine According to the Constitution of Ukraine there are such types (forms) of property.

as a rule. 6. The main ground (reason) of civil responsibility is a presents of composition of civil offence in actions. 2) presence of property harm or damage. and also conditions. because. if one side has the duty to do definite actions or restrain from them before the second side. which is determined by law or contract. When main debtor can not be responsible for damage. The real contracts are such contracts. The notarial certification of the written contracts is obligatory. Substantial conditions are conditions. when there are no contractual relations between offender and civil offence victim. Non-contractual responsibility comes for harm. a debtor are not relieved from fulfilment of liabilities. 2) partial. . the additional debtor will be responsible. Civil responsibility has such features: 1) property character. contract of donation etc. without the obligation before the first side. An agreement is bilateral. and the second side has the right to require only. if both sides of contract have rights and duties. which are determined in law. Partial responsibility means that each of participants of contract responds in the limits of part. There are such types of civil responsibility: 1) contractual and non-contractual. contract of lease. 3) solidary (collective). on which parties (sides) insist. Responsibility of main and additional debtor foresees existence of main and additional debtor. Consensus contracts are contracts. 4) responsibility of main and additional debtor. for property harm and violation of the personal non-property rights. Solidary (collective) responsibility means that a creditor has right to hold responsible both debtors together or each of them separately. The Civil code of Ukraine characterizes more than 20 different types of contracts. for example: contract of purchase-sale. contract of debt (loan). 3) optional character for offenders. which acquire a legal value only from the moment of actual transmission of thing from one side to another. when it is obligatory in accordance with law. Contractual responsibility comes as a result of breach of contract. A contract is unilateral (onesided). 2) compensative character (renewal of the broken property or personal non-property rights). which acquire a legal value from the moment of attainment of consent/agreement between sides in all substantial conditions.6) according to the moment of acquisition of legal force: real and consensus. both fully or in part of debt. Notion and types of civil responsibility Civil responsibility is a type of legal responsibility of natural or legal person for contractual infliction. which includes: 1) illegality of action.

4) rights on alimonies. which belong to the testator at the moment of the opening of inheritance. who are replaced them. and only they can be testators. 2) the mental suffering that a natural person received because of illegal conduct to her or him.3) misdemeanour (guilt) of offenders. if other is not set by law or their constituent documents. 8. which are sufficient for the compensation of harm. which was inflicted by injury or other damage of health. which are set by law. 3) the mental suffering that a natural person received because of destruction or damage of her or him property. 5) right and duties person as a creditor or debtor. Notion of the inheritance law/ succession law and inheritance An inheritance law/ succession law is the system of civil legal rules. because. Their parents. The inheritance is impossible between livings. Inheritance is performed according to will or law. compensate it themselves. which are indissolubly related to the testator. This duty of parents stops in case of attainment of minor full age or when property or earnings will be in measures. 2) a right on participating in societies and membership right in the associations of citizens. Responsibility of minors The minors under 14 are not responsible for the property harm. 4) causal connection between illegal actions and harmful consequences. The place of the opening of inheritance is the last residence of testator. which regulates the order of inheritance. Inheritance is a transfer of rights and duties (legacy) from a natural person who died (testator) to the other persons (heirs). Time of the opening of inheritance is the day of death of the person or day from which she or he is declared as dead by court. Legal persons can not be testators. dignity and also business reputation of natural or legal person. legal persons go into liquidation. Minors in age from 14 to 18 are responsible for the harm on general grounds. 3) a right on the compensation of the harm. There is a compensation of moral harm in civil law. can not be inheritance: 1) personal non-property rights. guardians are responsible for the property harm. Inheritance includes all rights and duties. Moral harm consists of: 1) the physical pain and suffering that a natural person received because of injury or other damage of health. 4) the humiliation of honour. 7. pension. this harm is compensated by his or her parents or persons. they do not die. A right and duties. adopters. Inheritance is opened only after death of natural persons. Damage is the negative consequences for civil offence victim. If the minor in age from 14 to 18 has no money or property for the compensation of the harm. her or him family or near relation. help or other payments. Testamentary succession and hereditary succession/ legal succession .

such husband or wife. disabled widow (widower) and disabled parents. regardless of content of testament. that would belong to each of them in case of legal succession (obligatory part). 2) a person with full legal capability has a right for testament. If it will be set that a testator laid down a testament as a result of violence or threat or was forced to lay down it on the extremely unprofitable conditions for him or herself. 3) a testator signs a testament by him or herself. A right on a testament is realized personally. A testament that was made later abolishes a previous testament fully or in that part in that the following contradicts previous. inherit. Heirs on legal succession take an inheritance by turn. The married couple has a right to lay down a common testament in relation to the property that belongs to husband and wife on the right of common combined ownership. when there is a testament. A testator can appoint as the heirs one or a few of natural persons. who has outlived him or her and parents have a right on legal succession in the first turn. gave up of inheritance or died. A testator has a right at any time to abolish a testament or lay down new. his or her grandmother and grandfather both from the side of father and from the side of mother have a right on legal succession in the second turn. a testament could be declared as ineffective in decision of court. Children of testator. A testament is the personal order of natural person in case of his or her death. A natural person with full civil legal capability has a right on a testament. regardless of presence of family relations between testator and heirs. . when persons. Brothers and sisters of testator. But the minor. who are heirs by testament. 4) the content of testament must be in accordance with the requirements of law. A testator has a right to connect the transition of rights with implementation of definite duties. Testamentary succession Testamentary succession is the type of succession. A civil legislation sets 5 turns of heirs. adult disabled children of testator. (Adult children and children.There are 2 types of succession: 1) testamentary succession. which is obligatory certificated (certified) by notary or public officers. There are such conditions of reality of a testament: 1) a testament must be only in a writing form. It is impossible to realize this right through a representative. 2) hereditary succession/ legal succession. Hereditary succession/ legal succession The Civil code of Ukraine regulates the order of legal succession. the half of the part. if a testament is declared as ineffective in decision of court. Hereditary succession can be: when there is no testament. who had conceived in the time of life of testator and were born after his or her death).

The heir has accepted an inheritance: if he actually entered into a management or in possessing the inherited property. when such actions promoted (assisted) to the origin of right on an inheritance for them or for other persons or the increase of their part in an inheritance. grave illness or physical injury was in the helpless position. if this circumstance was set by court. 5) persons one by one. who hindered to testator to lay down a testament. 3) if all heirs were deprived of an inheritance. 9. 4) if nobody of heirs accepted an inheritance. 2) persons. who have no right on an inheritance According to the Civil code there are persons who have no right on an inheritance: 1) persons. nor legal succession. Persons. when marriage between them is ineffective or declared as ineffective in decision of court. 6) in decision of court a person could be removed from a right on legal succession. if it will be set that such person avoided of help to testator. 2) if there are no heirs neither testamentary succession. who have deprived life of testator or somebody of possible heirs or have realized attempt upon their life willfully. . who lived with testator as one family no less as five years to time of opening of inheritance have a right on legal succession in the fourth turn. There are such cases of legal succession by Ukraine: 1) if all heirs gave up of inheritance. and also other persons.An uncle and an aunt of testator have a right on legal succession in the third turn. and their rights were not renewed at the moment of opening of inheritance. The heir has a right to accept an inheritance or not accept it. 4) parents (adopters) and adult children (adopted). have a right on legal succession in the fifth turn. who avoided of implementation of duties to care about testator. Other relatives of testator to the sixth degree of kinship have a right on legal succession in the fifth turn. Dependants of testator. who because of old age. 3) parents after the child. who were not members of his or her family. After 6 months from the day of death of testator the heirs get Certificate about the acceptance of inheritance. Persons. The heirs during 6 months from the day of death of testator must write an application about the acceptance of inheritance in a notarial office. if he handed to a notarial office at the place of opening of inheritance application about the acceptance of inheritance. make alteration to it or to abolish a testament wilfully. when in relation to this child they were deprived paternal rights.