Tribushkova K. —
The origins and the development of the real burden institution in Russian civil law
// Legal Studies. – 2017. – ¹ 5.
– P. 12 - 19.
DOI: 10.7256/2409-7136.2017.5.22623
URL: https://en.e-notabene.ru/lr/article_22623.html
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Abstract: The article considers the development of one of the most controversial proprietary institutions – the real burden right. The author analyzes the formation of this concept in Russian law and considers particular provisions of the Patrimony charter and the Civil Code of the Russian Empire, containing information about this institution. The author pays special attention to the fact that real burden right doesn’t originate from Roman law, it is a result of German civil theory of the 19th – the 20th centuries. The author applies the historical method, the method of system and complex analysis, and the method of comparative jurisprudence. The author reveals and systematizes particular stages of development of real burden right in Russian law. The author formulates the periodization of development of this concept, consisting of five stages, and each of them is characterized by unique peculiarities.
Tribushkova K. —
Right to property in the Russian system of limited property rights
// Law and Politics. – 2017. – ¹ 4.
– P. 17 - 24.
DOI: 10.7256/2454-0706.2017.4.43048
URL: https://en.e-notabene.ru/lamag/article_43048.html
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Abstract: This article focuses on the issue of determining the place for the institution of property right within the Russian system of limited property rights. The author examines systematizations of limited property rights offered by both Russian and German civil doctrines. The articles presents the analysis of the bases for differentiation of these rights into groups, highlighting the most successful criteria adopted to modern circumstances. The work offers a brief historical aspect of development of the category of “limited property right” in the Russian Civil Code. Special attention is given to the analysis of internal content of the construct of right to property. The author formulates a conclusion that the institution of property rights has a hybrid legal nature, and attempts to offer original classification for limited property.