ESSENCE OF PROPERTY RIGHTS AND INTERESTS IN RELATION TO UNFINISHED CONSTRUCTION OBJECTS

Аннотация

INTRODUCTION first choose his or her share”. As can be seen from It is natural that the question of what rights exist in the above-mentioned rules, relations are regulated relation to unfinished construction objects (UCO) is by law from the practical point of view. In this a subject of some debate. This is because example, it is clear that not common property, but conventional legal regimes rely directly on existing land planted with orchards, is regulated as an material rights or the norms of right to property object of property relations. specified for material rights. At this point, there are different approaches to the application of right to For example, according to S. Ermolaev, common property or property rights in relation to the UCO. (joint or shared) ownership is characterized by the possession of property rights, that is, one property First of all, it is important to determine what has right (goods, including money and securities, other been the legal approach to property rights. In property, including property rights, works and history, the Laws of Hammurabi specify that in services; results of intellectual activity and Mesopotamia, “if one man gives the gardener a field equivalent personalization tools (intellectual to create a garden, and the gardener creates and property)) belongs to one or more persons. For cultivates a garden for four years, in the fifth year example, shared property of husband and wife the owner of the garden and the gardener divide (family legislation), application of the common the garden equally; the owner of the garden must property regime to the object of inheritance, https://www.theamericanjournals.com/index.php/tajpslc 89 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 acceptance of inheritance and others. in the obligation and has a certain property value for it. The ownership, use, and disposal rights of the However, although these property rights occupy a owner, in our opinion, are the rights of the owner special place among the objects of civil law and and constitute the content of the property right. At historically serve to determine the regime of the same time, the right of operational general property rights in relation to property at management is not a property right, but a material stages of development, they do not indicate the right. establishment of a specific property right in relation to construction objects. Legal norms or In some cases, the law directly links the fate of a property rights in institutions are determined legal relationship to an interest. For example, depending on the characteristics of each object. according to Paragraph 2 of Article 337 of the Civil Code, if the debtor has lost its significance for the According to L. Netishinskaya and N. Blagodarova, creditor due to the delay in execution, s/he may when analyzing property rights as an object of civil refuse to accept the execution and demand rights, the most extensive legal regulation for compensation for damages. While the legislator property rights is established for property rights speaks of “ahamiyat” (importance) in Uzbek, in (claims) in relation to collateral. The legislator Russian “интерес” corresponds to the word provides for a number of restrictive provisions on “interest”. Therefore, if the creditor loses the the pledge of property rights. In particular, if there interest in accepting performance due to the is an agreement between the right holder and its debtor's delay, s/he has the right to refuse to accept debtor on the prohibition of transferring the right performance, which will lead to the termination (or to another person, the pledge of the property right modification) of the obligation. In this case, the (claim) is not allowed. Also, the requirements for possibility of terminating the obligation is directly the content of the agreement on the pledge of linked to the loss of interest by law. property rights are determined, in which the main conditions of the agreement must be agreed upon. According to A.I. Ekimov, interest influences the legislative process, the content of objective legal Although the application of property rights only to norms, the emergence and realization of subjective a mortgage acquires a certain meaning and gives rights, as well as the fulfillment of legal obligations. the right holder certain powers, in determining S. Sabikenov and N.A. Shaikenov argue that the property rights to the construction object, on the mechanism for resolving conflicts of interest is contrary, it serves to ensure the property rights of based on the idea of legal regulation of social the pledge holder. In particular, there are many relations. According to them, the interest cases in practice where banks actively pledge supported by law is legal, but it may not be construction facilities and attract loan funds. provided by a certain subjective right of the person. There are different views on the characteristics of It