Вестник БГУ. Юриспруденция
Bibliographic description:
DEVELOPMENT OF THE INSTITUTION OF REAL RIGHTS // Вестник БГУ. Юриспруденция. - 2023. №3. . - С. 35-42.
Title:
DEVELOPMENT OF THE INSTITUTION OF REAL RIGHTS
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Annotation:
The article deals with the history of development of the institution of real rights. We note that real right is a historically ancient construction of civil law, the origins of which go back to Roman law. However, despite the rather long history of development
of this institution, at present it still remains a popular research category, since scientists have not yet proposed a unified approach to the interpretation of the concept of limited real rights, their content and stages of formation. The article emphasizes that the history of the development of real rights in Russia differs significantly from similar processes in other countries. It has been determined that domestic civil law does not take a close look at real rights and their classification in contrast to the law of Western European countries. The work also touches upon the problem of interpreting the concept of real rights and identifying its distinctive features. As a result of the analysis of various points of view on the concept and characteristic features of the real right, we have proposed the following typology. The opinions of the first group of scientists come down to the fact that it is necessary to consolidate a full list of real rights at the legislative level. The second group of scientists believe that it is necessary to consolidate the list of real rights in the law, but this list should not be closed, and the legislator should spell out the concept and characteristic properties of real rights. The third group consider that the legislator need not establish a list of real rights, but the concept of a real right and its characteristics should be spelled out. In conclusion, we summarize that such an institution as the real right has confirmed its significance in law enforcement and there is a need for legislative consolidation of its concept and characteristics.
of this institution, at present it still remains a popular research category, since scientists have not yet proposed a unified approach to the interpretation of the concept of limited real rights, their content and stages of formation. The article emphasizes that the history of the development of real rights in Russia differs significantly from similar processes in other countries. It has been determined that domestic civil law does not take a close look at real rights and their classification in contrast to the law of Western European countries. The work also touches upon the problem of interpreting the concept of real rights and identifying its distinctive features. As a result of the analysis of various points of view on the concept and characteristic features of the real right, we have proposed the following typology. The opinions of the first group of scientists come down to the fact that it is necessary to consolidate a full list of real rights at the legislative level. The second group of scientists believe that it is necessary to consolidate the list of real rights in the law, but this list should not be closed, and the legislator should spell out the concept and characteristic properties of real rights. The third group consider that the legislator need not establish a list of real rights, but the concept of a real right and its characteristics should be spelled out. In conclusion, we summarize that such an institution as the real right has confirmed its significance in law enforcement and there is a need for legislative consolidation of its concept and characteristics.
Keywords:
real rights, property rights, limited real rights, servitude, indiciae of real rights, origin of real rights, civil legislation, history, civil law, institution.
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Article.pdf