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Legal Regulation of Easements

Student: Krupenich Elizaveta

Supervisor: Anton A. Ivanov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2019

The famous Russian lawyer I.A.Pokrovsky (1917) said: "Only the most primitive economic life could be satisfied with one property right". Indeed, economic isolation as a result of securing only the right of individual property is completely unthinkable, especially in a market economy. In this regard, in most countries there are "rights to other people's things" which mean that a person has rights in respect of the thing (property) of another person, thereby burdening his ownership. In other words, a limited proprietary right is a legal link between a person and another person's thing. One of these limited proprietary rights are servitude easements. Easement is a limited right to use someone else's land (praedium serviens) or other real estate (Art. 277 of the Civil code of the Russian Federation), in which the right is granted not to a specific person, but to the owner of the neighboring (dominant) site (praedium dominans). Currently, the normative regulation of easement legal relations is not sufficiently clear and complete, so I would like to consider the main theoretical and practical problems related to its nature and legal regulation. Over the years, this institution has undergone different changes, so the relevance of research and analysis of its application and regulation has increased significantly. These circumstances determine the theoretical and practical importance and relevance of cross-sectoral analysis of servitude relations and their legal regulation in modern Russian and foreign civil law.

Full text (added May 10, 2019)

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