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Legal Regulation of the Neighborhood Relations

Student: Trushkina Valeriia

Supervisor: Vsevolod Baibak

Faculty: School of Law

Educational Programme: Civil Law and Commercial Law (Master)

Year of Graduation: 2020

Main purpose of the diploma thesis is legal analysis of the neighborhood relations. Due to this purpose tasks are as follows: - To consider trends in the legal regulations of the neighborhood relations during historical development; - To analyses experience of continental legal system countries in the regulations of the neighborhood relations; - To assess present regulations and necessity of codification it (with analyses Draft amendments to first part of the Civil code of Russian Federation); - To define the neighborhood relations; - To determine the subject and object of the neighborhood relations; - To analyse present law cases and protection methods in the neighborhood relations. As a result of a research of historical development, despite the fact that the neighborhood relations are not codified they exist all the time. It does not suit to nowadays that property rights are absolute. They should be restricted in the interests of other parties of civil law relations. With the principles of legal equality of parties, effect, reasonableness, and good faith Russian civil law should regulate the balance of interests between parties of the neighborhood relations. The neighborhood relations are an independent institution of civil law, which consist of civil law rules, obligates to comply with restrictions and (or) undergo an impact from a neighborhood’s object, sets the variants of such impact and ways of protection. In this case, by a neighborhood’s object it is necessary to understand objects that are not actually have borders with each other, since the influence can be not only from them. The main criterion should be an impact. The neighborhood relations should effect on all title owners of the real estate (with rights in rem). Thus, it will be more parties in the neighborhood relations. The objects of the neighborhood relations should be any real estate: land, residential and non-residential premises, parking lots and other objects. Thus, If the neighborhood relations are codified, the amount of law cases will reduce. Research of present law cases has shown that most of negatories lawsuits are filed for the settlement of conflicts between neighbor title owners of the real estate. Present law cases also have shown that nowadays a party can win if only public law was broke because judges use sanitary-epidemiological and urban planning norms, administrative regulations for reorganization and redevelopment, and others. However, it is plausible to solve most of conflicts between neighbor title owners of the real estate by sighing a compensation agreement. In addition, If the neighborhood relations are codified, all law cases will be uniformity.

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