Transformation of the Real Property Law in Russia and Germany at the Beginning of the 21st century: Main Conditions, New Institutes and Directions of Development

The paper is devoted to transformation of property law in Russia and Germany at the beginning of the XXI century. The author considers the main prerequisites for such transformation, direction of development of property law in the Russian and German legal orders, as well as new institutions of property law, which were developed both at the legislative level and at the level of judicial practice in Russia and Germany at the beginning of the XXI century. In order to prove that transformation of property law is closely related to socio-economic development of society, the author analyzes development of continental property law in the context of development of large economic cycles of N. Kondratiev. Further, the author proceeds to consideration of specific manifestations of the transformation of property law in Germany and analyzes the change in such areas of German property law as legal mechanisms for ensuring the development of land plots, certain ways of ensuring the fulfillment of obligations, as well as easement law. Then, the author considers such manifestations of the transformation of property law in Russia as the reform of joint participation in construction of real estate assets, changes in the pledge law, as well as considers a draft law being prepared to change the entire system of Russian property law. Following a comparison of the processes of transformation of property law in Russia and Germany, the author comes to the conclusion that there are general trends of such transformation, in particular with regard to the prerequisites for changes in the institutions of German and Russian property law, as well as new institutions that have emerged as a result of this transformation. The author comes to the conclusion about the special role of the reform of the Russian real property law due to the fact that implementation of this reform coincided with the boundary of the upward and downward phases of the fifth economic cycle, highlighted by N. Kondratiev.