Land service in the Russian Federation
Автор: Rykhlitskaya L.S.
Журнал: Мировая наука @science-j
Рубрика: Основной раздел
Статья в выпуске: 10 (55), 2021 года.
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The relevance of the chosen topic is due to the fact that the easement is a tool for influencing various spheres of public interest. The legal structure of the easement was developed by Roman lawyers, who considered the easement as the right of limited use of someone else's property, established for the benefit of any real estate or in favor of certain persons. In cases when the land plot cannot be used normally, in particular, it is cut off from the public road. Therefore, there is a need for the use of neighboring land. In our time, the right of easement has acquired even greater interest in connection with the development of technical progress and social relations. The relations arising between the owner of a thing and the owner of the limited right to use this thing are governed by the norms of land and civil law. Servitude is devoted to Articles 274 - 277 of the Civil Code of the Russian Federation, as well as Article 23 of the Land Code of the Russian Federation. The purpose of this work is to conduct a comprehensive study of easement as an object of legal regulation based on the theory of land and civil law, to study the main types of easement, to identify their differences, to consider the procedure for establishing and terminating land easements. First of all, solve the following tasks: 1) define the concept, types and legal nature of the easement; 2) study the historical aspects of the formation and development of the institution of the easement; 3) study the legal regulation of the emergence and termination of an easement, the protection of the rights of the parties when establishing an easement, as well as registration of the easement in the Unified State Register of Real Estate. The object of the research is public legal relations arising in the process of establishing, functioning and terminating land easements. The subject of the study is the current legislation of the Russian Federation, which regulates the establishment, functioning and termination of land easements. The methodological foundations of the study are: dialectical method, historical and legal, systemic, formal-logical, comparative and others. Initially, the right to use someone else's land arose through the conclusion of transactions (for example, a lease agreement), but this method was not reliable enough, since when the owner changed, the contract became invalid. The satisfaction of the household needs of the owners of land plots located in unfavorable territories had to be ensured in a more reliable way, which would not depend on the change of the owner of a neighboring plot. This problem was solved in Roman law in the form of the creation of land easements.
Land easement, limited property rights, property rights
Короткий адрес: https://sciup.org/140265879
IDR: 140265879