ROMAN ORIGIN OF REAL RIGHTS TO LAND IN MODERN CIVIL AND LAND LEGISLATION OF UKRAINE

Abstract

This article aims to study the Roman origins of property rights to land and the peculiarities of their reception in modern civil and land legislation of Ukraine. In order to achieve the declared goal and obtain the appropriate results, the following set of methods was used: historical-legal, comparative-legal, systematic, formal-logical method, method of interpretation of legal norms. Results and conclusions of such activities. The system of property rights to land in Roman law was analyzed and it was determined that the distinction between claims to a thing and claims to a person became the basis for the division of rights into property and obligations. It has been established that the Roman principles of «nemini res sua servit», «servitus in faciendo consistere nequit» and «superficies solo cedit» are perceived differently by the modern civil and land legislation of Ukraine: the first is reproduced almost without changes, the second is supplemented with guarantees of owner protection, and the third acts selectively. The analysis of the evolution from the Roman dominium to the modern ownership of land is carried out, the reception of vindication and negatory claims is considered, taking into account court practice. A comparison of the regime of res mancipi with the special order of circulation of agricultural land is made. It is substantiated that domestic law adopted the Roman technique of property rights protection, but departed from its individualistic content in view of the public interest and social function of property. A comparative analysis of servitude, emphytheusis and superficies was carried out, the content of the modified numerus clausus principle was clarified.It was determined that the superficies, by which the developer acquires the right of ownership of the erected building, underwent the greatest transformation. It is concluded that Roman institutions remain the structural basis of the regulation of property rights on foreign land, but their content is determined by the needs of modern civil turnover and the balance of private and public interests.