Email this article The legal provision negatory protection of proprietary rights to land plots
- Authors: Barashkov E.О.1
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Affiliations:
- All-Russian public and state movement of children and youth “Movement of the First”
- Issue: Vol 18, No 3 (2025)
- Pages: 142-149
- Section: Private Law (Civil) Sciences
- URL: https://journals.rcsi.science/2072-3164/article/view/313135
- EDN: https://elibrary.ru/QBUJNE
- ID: 313135
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Abstract
The article deals with the issues of legal provision of negatory protection in the civil legislation, analyzes the problems of practice of application of the action in rem not related to deprivation of possession of a land plot in Russian courts.
The purpose of the article is to analyze theoretical and practical problems of legal provision of negatory protection in Russian law, as well as to develop proposals aimed at improving legislation and judicial practice.
Conclusions. Within the framework of the conducted research, it was revealed that the violation of subjective proprietary right is allowed in the form of inaction, which is confirmed by relevant court practice. The study of law enforcement practice allows us to conclude that preventive negatory claims in the presence of a real threat of violation of a proprietary right are satisfied very rarely, despite the presence of relevant clarifications of higher courts. The author states that in modern judicial practice there is no unified approach to the issue of burden sharing proving the wrongfulness of the violation. Based on the conducted research, the author believes that the current version of Article 304 of the Civil Code of the Russian Federation should be amended to eliminate existing gaps in the regulation of legal relations in the field of protection of ownership and other proprietary rights to land plots. Among other things, the article investigates in detail the problem of choosing the appropriate method of protection in case of unlawful seizure of a part of a land plot. The author concludes that the practice of Russian courts in this matter is contradictory. In connection with this circumstance, the author proposes to make appropriate amendments to Article 301 of the Civil Code of the Russian Federation in order to eliminate legal uncertainty.
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##article.viewOnOriginalSite##About the authors
Evgeniy О. Barashkov
All-Russian public and state movement of children and youth “Movement of the First”
Author for correspondence.
Email: e.barashkov02@bk.ru
ORCID iD: 0000-0002-8838-6969
SPIN-code: 2663-5003
legal adviser
Russian Federation, MoscowReferences
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