CHAPTER 8. LIMITED PROPERTY RIGHTS IN THE LEGAL SYSTEMS OF GERMANY, FRANCE AND UKRAINE: TRADITIONS AND DEVELOPMENT PROSPECTS

The recent processes of globalization of law have led to an intensive modernization of property law, which entails the designation of certain trends in its development. At the end of 2020, the working group created on the basis of the Decree of the Cabinet of Ministers of Ukraine On the formation of a working group on recodification (updating) of the civil legislation of Ukraine dated July 17, 2019 No. 650 developed the Concept for updating the Civil Code of Ukraine.

The starting point for reforming the domestic legal framework, its improvement and bringing it into line with the objective needs of society and turnover should be the legislative and doctrinal provisions and law enforcement practice of other legal systems. The Concept of updating the Civil Code of Ukraine is based on the modern experience of recodification of the civil codes of France and Germany, which are the backbone national legal systems in the Romano-Germanic legal family, which includes Ukraine. However, the system of limited rights in rem in Germany, France, and Ukraine is built according to different patterns. In Germany, it is based on pandect doctrine, combined with Roman and national law, and involves an extensive system of limited rights. Along with servitudes, hereditary building rights, there are real burdens, real burdens, waiting rights, etc. The systems of limited rights in rem in France and Ukraine are built on the Roman model and are based mainly on the provisions of Roman law (they consist mainly of one group – real rights of use).

Directions for the systemic updating of the civil legislation of Ukraine, proposed in the Concept for updating the Civil Code of Ukraine, indicate an inclination towards the German model of the system of limited property rights. The prospect of introducing new structures, in particular, usufruct, real estate encumbrance, pre-emptive right to purchase land, the institution of good neighborliness, real right of expectation, providing fiduciary causes the issue of their compliance with the historical and legal traditions of the domestic legal order and their theoretical study.