Open AccessSPECIFIC FEATURES OF ASSETS AS OBJECT OF CIVIL RIGHTS
Author(s) -
O. Ye. Kukhariev
Publication year - 2021
Publication title -
pravova deržava
Language(s) - English
Resource type - Journals
ISSN - 2411-2054
DOI - 10.18524/2411-2054.2021.42.232426
Subject(s) - object (grammar) , normative , inheritance (genetic algorithm) , assets under management , set (abstract data type) , composition (language) , business , process (computing) , law , civil code , law and economics , political science , fixed asset , computer science , sociology , economics , artificial intelligence , philosophy , linguistics , biochemistry , macroeconomics , production (economics) , gene , programming language , operating system , chemistry
The article is focused on identifying specific features of assets as object of civil rights by defining and characterizing its features. Revealing the essence of assets through the composition as a set of rights and obligations that belonged to the ancestor at the time of assets’ opening and were not ceased as a result of the death, most adequately reproduces the specifics of this object. Specific features of assets are determined by a set of features: 1) local character; 2) clearly defined temporal boundaries of existence; 3) a complex object; 4) limited civil circulation, since Book 6 of the Civil Code of Ukraine enshrines a closed list of transactions that may be implemented in respect to assets; 5) the composition of assets is determined at the time of opening assets and covers only those rights and obligations, which were carried by the ancestor during his lifetime; 6) a limited range of subjects for assets as for an object of civil rights; 7) the only procedure for acquiring the inheritance right is succession. Normative regulation of assets is characterized by discretionary nature, since the law defines an open (non-exhaustive) list of rights and obligations that make up its composition. In some cases the composition of assets also includes certain legal entities that have not acquired the form of subjective civil right at the time of assets’ opening. For example, a person started the process of privatizing his / her berth and did not have time to complete the process due to his / her death. In such cases, lawful heirs have the right to complete the process of privatization of berth started by the ancestor and become the owner of the property. Since the ancestor managed to express his / her will to privatize the berth during his lifetime (submitted the relevant documents), but died, the right to privatization was transferred into the stage of realization, being stopped on the way to subjective right, and therefore may become the object of succession. It has been argued that the obligations are additional elements of assets’ composition, since they pass to the lawful heir only together with the ancestor’s rights. In turn, rights are the key element of assets’ composition.