Contractual construction of the establishment of a land easement as a civilized solution through civics

Автор: Fedorov A.G., Savina D.A.

Журнал: Форум молодых ученых @forum-nauka

Статья в выпуске: 1 (65), 2022 года.

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If an agreement is not reached between the owners of the dominant and dependent thing when resolving disputes regarding land use, the law establishes two forms of their resolution (contractual and judicial). At the same time, the contractual form seems to be the most effective. In the legal literature, the name of the contract appears as "servitude", but the current civil legislation does not contain it in the system of contracts. This is not an obstacle to its conclusion, since the Civil Code of the Russian Federation does not prohibit the conclusion of contracts not named in it. But, its absence in the legislation, nevertheless, causes certain difficulties. In this connection, the author proposed the qualification of such a contract, developed its author's definition and the possibility of establishing essential conditions.

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Easement, limited proprietary right, owner, land plot, entity, use of someone else's land plot, agreement, easement agreement

Короткий адрес: https://sciup.org/140288901

IDR: 140288901

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