Formation of the category of redemption (buy-out) in civil law

The legislation of Ukraine provides for a mechanism for the redemption of certain items of civil rights in certain cases. In particular, land plots, cultural heritage items, corporate rights, etc. may be redeemed. However, despite the relative prevalence of the use of the redemption mechanism, there is no definition of the concept of “redemption” in the legislation. Therewith, redemption should be considered as a universal legal mechanism along with other, to some extent, similar mechanisms (such as confiscation, requisition, nationalization, etc.), and not as purely as the right of redemption in the field of land legal relations, or in the field of legal relations of cultural heritage items, etc. In this regard, there is a need for interpretation and a comprehensive and conceptual understanding of the “redemption” mechanism, which is possible through scientific understanding of legal relations in which redemption is allowed, their comparison, analysis, generalization of common features, etc. The Article describes the historical context of the redemption phenomenon, its development, and perceptions in different periods of history (the times of Ancient Greece, the Roman Empire, the Middle Ages, the Modern Age, the 20th century, and modern history) and in different countries. The correlation between the concepts of “redemption” and “expropriation” is analyzed. The Article presents the basics of legal regulation of the redemption of various items under the modern legislation of Ukraine, and also examines certain legal relations that are not classified as redemption under the law, but in essence have all the characteristics of redemption relations. The most general features of the redemption mechanism are highlighted. The prerequisites for the application of the redemption mechanism and the problems that this mechanism solves are also formulated. The thesis is formulated that a universal feature of redemption (regardless of the item being redeemed) is the prerequisite in the form of a “conflict of interest” regarding a specific item of civil rights. Redemption serves as a way to resolve such a conflict of interest. The Article analyzes the purpose of the redemption of various items, in particular, it is found that depending on the content of the legal relations and the nature of the conflict of interests, the focus of the redemption may vary, in some cases, the redemption may be aimed at acquiring certain property as ownership; in others, at terminating certain common rights regarding the same item. The conclusion is formulated that redemption essentially arose as a way of resolving public and private interests, and was later extended to purely private-law relations.