The legal objectives of a claim for recognition of the lack of a right or encumbrance: instrumental approach experience

Introduction:the article is devoted to the study of legal objectives of a claim forrecognition of the lack of a right or encumbrance in the aspect of the instrumental theory of law.Purpose:to determine the legal objectives of actors of enforcement of theright to sue for recognition of the lack of a right or encumbrance as activity legal means. Methods:comparative, systematic and instrumental approaches of private law sciencehave been used.Results:the general provisions of the instrumental theory of law, itsmain focus, content and heuristic potential are considered. Occurring in science approach to the consideration of the legal nature of a claim for recognition of the lack of aright or encumbrance apart from its instrumental origins as the phenomenon of counter-rulemaking and legal objectives pursued by actors in advocacy is criticized. The analysis of the cases while the remedy is applicable has been carried out; heterogeneouscomposition of the scope of legal objectives has been discovered.Conclusion:according to the author, concept of the legal objective of a claim for recognition of the lack ofa right or encumbrance is double-natured: in some cases, it is an elimination of the legaluncertainty of the title accessory, in the otheran elimination of the legal uncertainty inthe property rights object’s properties. Technical and legal notion of the objectives ofthe remedy has been reasonably criticized.