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Principle of the Inviolability of Property in Modern Laws and Orders

Student: Asmolovskaya Kristina

Supervisor: Elena Emelyanova

Faculty: School of Law

Educational Programme: Advocacy (Master)

Year of Graduation: 2017

The purpose of the thesis is to conduct a comparative legal analysis of the principle of inviolability of property in various legal orders, to identify problems arising in connection with the implementation of this principle, and to develop proposals for improving Russian legislation. To achieve this goal, the following tasks were accomplished: 1. to investigate the property right in the system of proprietary rights of the Russian Federation; 2. to study the ownership in property rights systems in the countries of the Anglo-Saxon and Roman-German legal families, to reveal common features and differences with the ownership right in the Russian Federation; 4. to determine the content and scope of the principle of inviolability of property in the Russian Federation; 5. to determine the place of the principle of inviolability of property in the system of principles of law and its significance for civil turnover; 6. to carry out an analysis of judicial practice on the application of the principle of inviolability of property in the Russian Federation; 7. to develop proposals for the improvement of Russian legislation that promote more effective implementation of the principle of inviolability of property; 8. to analyze the principle of inviolability of property in the countries of the Anglo-Saxon and Roman-German legal families, to reveal the specifics of the consolidation and implementation of this principle. The thesis analyzes the content of the civil law principle of property inviolability, defines its significance for civil turnover, and compares legal analysis of this principle in the Russian Federation and a number of foreign countries. The thesis contains a number of proposals to improve the current Russian legislation in terms of its basic principles, namely, regarding the civil law principle of inviolability of property.

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