REFLECTION OF USUFRUCT IN THE CODIFICATION ACTS OF CIVIL LEGISLATION IN THE TERRITORY OF UKRAINE

The article analyzes the historical development of the institution of usufruct and similar legal constructions in the territory of Ukraine across different historical periods. The current Civil Code of Ukraine does not enshrine usufruct; however, its analogs were present in the legal systems of states that included Ukrainian lands. The essence of usufruct lies in granting the right to use another's property and derive income from it, provided its integrity is preserved. The author examines codification acts that regulated legal relations concerning the use of another’s property. The study explores the provisions of the Statutes of the Grand Duchy of Lithuania of 1529, 1566, and 1588, which contained norms on limited use of property on foreign lands. The Sobornoye Ulozheniye of 1649 is analyzed, as it regulated the right of widows of deceased owners to possess and use patrimonial land. Additionally, the influence of the 1743 Law by Which the Little Russian People Are Judged on the development of legal relations in this field is considered. The study highlights the role of the 1797 Civil Code for Galicia, which was based on Roman and natural law. This code introduced the division of servitudes into land and personal servitudes and recognized usufruct as one of the types of personal servitudes. The key characteristics of usufruct are identified, particularly the usufructuary’s right to derive income from the property without altering its substance. The Austrian General Civil Code of 1811 is also examined, as it developed provisions on servitudes, including usufruct. The code detailed the rights and obligations of the usufructuary, providing for the right to use another’s property under certain restrictions. Usufruct was recognized as a right without a time limit, which could include obtaining all types of income from the property. The impact of Russian civil legislation is analyzed, particularly the Collection of Little Russian Rights of 1807 and the Digest of Laws of the Russian Empire of 1832. These documents reflected principles of limited use of another’s property, similar to usufruct. The norms allowed the use of another’s land for specific purposes, including economic activities. The research demonstrates that despite the absence of usufruct in modern Ukrainian civil law, similar institutions existed in various historical legal systems. They reflected the socio-economic development and legal traditions of the region. Analyzing legal sources allows for conclusions on the evolution of the concept of using another’s property and its significance for contemporary legal studies.

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Publication Details

Journal
Scientific Notes Series Law
Published
2025-01-01
DOI
https://doi.org/10.36550/2522-9230-2025-18-66-72
Primary Topic
European and International Law Studies
Type
article
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article

REFLECTION OF USUFRUCT IN THE CODIFICATION ACTS OF CIVIL LEGISLATION IN THE TERRITORY OF UKRAINE

V. Pankivskyi
Scientific Notes Series Law
European and International Law Studies
article

REFLECTION OF USUFRUCT IN THE CODIFICATION ACTS OF CIVIL LEGISLATION IN THE TERRITORY OF UKRAINE

V. Pankivskyi
article en

Abstract

The article analyzes the historical development of the institution of usufruct and similar legal constructions in the territory of Ukraine across different historical periods. The current Civil Code of Ukraine does not enshrine usufruct; however, its analogs were present in the legal systems of states that included Ukrainian lands. The essence of usufruct lies in granting the right to use another's property and derive income from it, provided its integrity is preserved. The author examines codification acts that regulated legal relations concerning the use of another’s property. The study explores the provisions of the Statutes of the Grand Duchy of Lithuania of 1529, 1566, and 1588, which contained norms on limited use of property on foreign lands. The Sobornoye Ulozheniye of 1649 is analyzed, as it regulated the right of widows of deceased owners to possess and use patrimonial land. Additionally, the influence of the 1743 Law by Which the Little Russian People Are Judged on the development of legal relations in this field is considered. The study highlights the role of the 1797 Civil Code for Galicia, which was based on Roman and natural law. This code introduced the division of servitudes into land and personal servitudes and recognized usufruct as one of the types of personal servitudes. The key characteristics of usufruct are identified, particularly the usufructuary’s right to derive income from the property without altering its substance. The Austrian General Civil Code of 1811 is also examined, as it developed provisions on servitudes, including usufruct. The code detailed the rights and obligations of the usufructuary, providing for the right to use another’s property under certain restrictions. Usufruct was recognized as a right without a time limit, which could include obtaining all types of income from the property. The impact of Russian civil legislation is analyzed, particularly the Collection of Little Russian Rights of 1807 and the Digest of Laws of the Russian Empire of 1832. These documents reflected principles of limited use of another’s property, similar to usufruct. The norms allowed the use of another’s land for specific purposes, including economic activities. The research demonstrates that despite the absence of usufruct in modern Ukrainian civil law, similar institutions existed in various historical legal systems. They reflected the socio-economic development and legal traditions of the region. Analyzing legal sources allows for conclusions on the evolution of the concept of using another’s property and its significance for contemporary legal studies.

Scientific Notes Series LawVol. 1(18)
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European and International Law Studies
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