Some Issues on Limited Proprietary Rights in the Project of New Edition of the Civil Code of Russian Federation


  •  E. D. Gorevoi    

Abstract

This paper delves into effective legislation and practice of using it in the sphere of limited proprietary rights. The study describes history of such notions as property, estate, and servitudes in the Roman law, the legislation of Russian Empire, the documents of the USSR, and Civil Code of Russian Federation. The effective Civil Code of Russia, as well as of most of the Western European countries, does not explain the notion of the laws of property. It may cause many misunderstandings, so the Code has to be improved. The paper emphasizes the need of designing the criteria for laws of property. The article describes what kind of scientific work needs to be done for construction of the accurate proprietary rights system. The weak and strong points of the laws in force are highlighted. They are compared to the ones proposed in the project. Also the author analyzes advantages and disadvantages of the new edition of the Russian Civil Code.



This work is licensed under a Creative Commons Attribution 4.0 License.
  • Issn(Print): 1918-7173
  • Issn(Onlne): 1918-7181
  • Started: 2009
  • Frequency: quarterly

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