GENESIS OF THE INSTITUTE OF COMPULSORY TERMINATION OF OWNERSHIP OF REAL ESTATE // Modern civil law. - 2022. №2. . - С. 5-9.

GENESIS OF THE INSTITUTE OF COMPULSORY TERMINATION OF OWNERSHIP OF REAL ESTATE

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In this article, on the basis of historical-legal and formal-legal methods of scientific cognition, the regularities of the formation and development of the institution of compulsory termination of ownership of immovable property are revealed. Based on the results of the formal legal analysis of the norms of civil law, the author identifies and characterizes the key stages of the historical development of the institution under study, reflecting the features of its emergence, formation and development. Attention is drawn to the fact that the development of the institute under study was significantly influenced by the proclamation of recognition, protection and protection of the right of private property, the establishment of basic principles that serve as a guarantee of the inviolability of private property. It is emphasized that these patterns were designed to ensure a balance of private and public principles. In conclusion, the author comes to the conclusion that the contradictory judicial practice formed in recent years in the field of legal regulation of the institution under study serves as confirmation of the objective need for its legislative reform.

property, immovable property, ownership, private property, public property, termination of ownership, compulsory termination of ownership.