Some Proprietary Methods to Protect Neighbours' Rights

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Although the reform in civil legislation on amendments to Part One of the Civil Code is considered complete, but some issues remain unresolved, primarily in the area of property law, including those related to the definition of the legal nature, as well as the term “law of neighbouring tenements”, issues of protecting the rights and interests of neighbours. Objective: to analyse the problems related to the types and methods’ definition of property law protection of such a specific civil law institution as law of neighbouring tenements. Methods: we use a set of general scientific and specific scientific methods of cognition, including: methods of comparison, description, interpretation, dialectical, systemstructural and formallegal. Results: the research allowed us to determine which of the property law methods of protecting the rights and interests of neighbours are currently applicable in resolving disputes between neighbours. The most common methods of neighbours' rights protection are a nugatory claim, a claim for recognition of a property right, and a claim for the right of an easement. It has been established that, due to the fact that law of neighbouring tenements is, first of all, a restriction of the right of ownership or other right to real estate in favor of neighbours, it is not aimed at reclaiming the property of one neighbour from the illegal possession of another, and a vindicatory claim is not applied.

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Law of neighbouring tenements, negatory claim, claim for property rights recognition, claim for the right of easement

Короткий адрес: https://sciup.org/142244932

IDR: 142244932   |   DOI: 10.33184/vest-law-bsu-2025.26.7

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