Sunday, March 29, 2015

Things and Property by Ukrainian Law

An item of the material world with respect thereto civil rights and obligations may arise shall be recognized as a thing.

Immovable and Movable Things

Immovable things (immovable property, immovables) shall include land parcels and the objects located on them, which cannot be moved without their devaluation and change of their target use. The regime of an immovable thing can be also extended by the law to aircrafts and sea crafts, inland-navigation vessels, space objects and other things the rights thereto shall be subject to state registration.

Things that can be freely moved in space shall be recognized as movable things.

An ownership right and other property rights to immovable things, restrictions thereof, their emergence, transfer and termination shall be subject to state registration.

Divisible and Indivisible Things

A thing that can be divided without loose if its target use shall be recognized as divisible.
A thing that cannot be divided without loose of its target use shall be recognized as
indivisible.

Things Identified by Individual or Generic Characteristics

A thing shall be identified by individual characteristics if it possesses the unique inherent features that distinguish it from other similar things and individualize the thing.
Things identified by individual features shall be irreplaceable.

A thing shall be identified by generic features if it has the features inherent to all other things of the same gender and is measured by a number, weight and measure.

A thing identified by generic features shall be replaceable.

 Consumable and Non-consumable Things

A thing shall be considered consumable if it is destroyed or cease to exist in its initial form as a result of one-time use.

A thing shall be considered non-consumable if it is designed for repeated use and preserves its initial form over a long period of time.

Principal Thing and Accessory

A thing designed for servicing another (principal) thing and related to it by a common designation shall be considered its accessory.

An accessory shall follow a principal thing, unless otherwise established by the agreement or the law.

Constituents of a Thing

Everything that cannot be separated from a thing without destroying it or substantially reducing its value shall be a constituent of the thing.

During transfer of a right to a thing, its constituents shall not be liable to separation.

Compound Things

If several things form a single entity, thus allowing its use according to its designation, they shall be considered as one thing (a compound thing).

Transaction made with regard to a compound thing shall extend to all its constituents,
unless otherwise envisaged by the agreement.

Production, Benefits and Income

Everything that is produced, extracted, derived from a thing or yielded by a thing shall be
considered as production.

Production, benefits and income shall belong to the owner of a thing, unless otherwise established by the agreement or the law.

Property

Property as a specific object shall be considered a separate thing, a set of things, as well
as property rights and obligations.

Enterprise as an Integrated Property Complex

An integrated property complex used for carrying out of businesses shall be considered an
enterprise.

As an integrated property complex, an enterprise shall comprise all types of property intended for its operation, including land parcels, buildings, structures, equipment, inventory, raw materials, production, rights of claim, debts, the right to a trademark or another marking and other rights, unless otherwise established ed by the agreement and the law.

An enterprise as an integrated property complex shall be deemed immovables.
An enterprise or part of it can be an object of purchase and sale, pledge, lease and other transactions.

Money (Monetary Funds)

The legal means of payment, obligatory for acceptance at its nominal value is at the whole territory of Ukraine shall be hryvnia.

Foreign currency can be used in Ukraine in cases and per the procedure established by the
law.

Currency Valuables

Types of property recognized as currency valuables and the procedure for transactions

with them shall be determined by the law.

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