ПРАВО КОРИСТУВАННЯ ЧУЖОЮ ЗЕМЕЛЬНОЮ ДІЛЯНКОЮ ДЛЯ СІЛЬСЬКОГОСПОДАРСЬКИХ ПОТРЕБ (ЕМФІТЕВЗИС)

Abstract

In modern conditions, the reform of legal structures arises the need to unify the notion of the right to use another's land for agricultural needs. The article investigates the concepts and characteristic features of emphytes, analyzes the preconditions and grounds for the emergence of such real law by the civil law of Ukraine, the right to use another's land for agricultural needs (emphytes) in terms of belonging to the real rights to someone else's property. The author analyzes the characteristic features of the emphytes agreement, essential conditions for its conclusion, subject and actual composition of this agreement. It is emphasized that the definition that the rights of the land user defined in the emphasis agreement shall correspond to the duties of the land owner.

The signs of protection of the rights of the owner and the user of the land are specified, namely: the purpose of the method of protection may consist in changing the subjective law and

subjective duty of the subjects; the direction of the method of protection is due to a direct relationship between the complication (impossibility) to meet the interest of one person and legally significant behaviour of another person, between which the existing legal communication.

It is found out that the basis of termination of contractual relations of emphytes can be the removal of a land plot on the motives of public necessity. In this case, the legal regime of the land plot is determined, which is an object of emphytes’ relations. The rejection of the contract or its termination is possible in a unilateral order in cases established by law or agreement. The termination of contractual relations can also be considered as a way of protecting in case of non-fulfilment or inappropriate execution by the counterparty of its contractual duties. The termination of emphytes is due to termination or refusal of the contract as a basis for the emergence of relations between the owner of the land and the user.