Genesis and Development of Easement Regulation in Russia
( Pp. 290-298)
More about authors
Zinnatullin Artur Zufarovich
Cand.Sci.(Law), Associate Professor; Associate Professor of the Department of Environmental, Labor Law and Civil Procedure, ORCID:
Kazan (Volga Region) Federal University
Kazan, Russian Federation Kasimova Aigul Erikovna postgraduate student of the Department of Environmental, Labor Law and Civil Procedure
Kazanskiy (Privolzhskiy) federalnyy universitet»
Kazan, Russian Federation
Kazan (Volga Region) Federal University
Kazan, Russian Federation Kasimova Aigul Erikovna postgraduate student of the Department of Environmental, Labor Law and Civil Procedure
Kazanskiy (Privolzhskiy) federalnyy universitet»
Kazan, Russian Federation
Abstract:
The purpose of the research. The article deals with issues related to the stages of development of easement regulation in Russia from the pre-revolutionary period to the present. The purpose of the research is to identify the sources of the formation of easement regulation in Russia, as well as the trends of its development. Results. As a result of the analysis of historical documents and doctrinal researches, the authors came to the conclusion about the emergence of legal constructions of the easement type in Russia in the XVII century with the adoption of the Cathedral Code of 1649. Subsequently, they were detailed and expanded in the Code of Laws of the Russian Empire of 1835, and then in the draft Civil Code of the Russian Empire. However, it was the Soviet period of the country's development that predetermined the specifics of the easement regulation in Russia, which is characterised by the division of classical easements into "private" and "public". The demand for public easements in modern civil circulation has led to active rule-making in this direction.
How to Cite:
Zinnatullin A.Z., Kasimova A.E., (2022), GENESIS AND DEVELOPMENT OF EASEMENT REGULATION IN RUSSIA. Gaps in Russian Legislation, 5 => 290-298.
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Vitryansky V.V. Reform of the Russian Civil Legislation: Interim Results. M., 2018. Access from the reference and legal system "Garant".
Gruzdev V.V. Easements in Russian Pre-Revolutionary Law in the XIX - Early XX Centuries. Historical and Legal Research. Nizhniy Novgorod, 2004. 227 p.
Kalinin I.B. Natural Resource Easements // Russian Justice. 2002. № 3. Access from the reference and legal system "Garant".
Krasnova T.S. Autonomy of Will and Its Restriction in Easement Law. M., 2019. 255 p.
Rybalov A.O. Legal Easement in Russian Law // Civil Law Review. 2010. № 5. Pp. 4-12.
Sinitsyn S.A. Private and Public Easements in Russian and European Law // Law. Journal of the Higher School of Economics. 2018. № 2. Pp. 26-45.
Sukhanov E.A. Lectures on the Right of Ownership. M., 1991. 240 p.
Faleev N.I. Forest Law: Manual. M., 1912. 364 p.
Shershenevich G.F. Textbook of Russian Civil Law. M., 1995. 556 p.
Schennikova L.V. Easements in Russia: Legislation and Judicial Practice // Legislation. 2002. № 4. Pp. 34-40; № 5. Pp. 30-38.
Keywords:
easements, private easements, public easements, natural resource easements, legal easements, limited rights in rem, rights in rem reform.
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