The Rule of Numerus Clausus in Russian Private Law. Evolution of the Concept. 1900-2020

The concept of dividing most of the private law institutes into two major groups, - law of obligations and law of property, - is a common feature of all the Civil law systems. In the core of this division lays the idea of powerful effects of property rights, which volume and quantity are to be set only by statutory acts and not by agreements of individuals. For the purpose of such limitations of property rights the principle of Numerus Clausus was developed. It commonly declares that only those rights have proprietary effects, which are recognized as property rights by national legislation. The exact provision of law, that sets list of such rights, is called the rule of Numerus Clausus. Though Russian Civil Code includes a provision of law, that sets the list of property rights, it also assigns proprietary effects to rights, that mostly considered as personal. On the background of debates around property rights reform in Russia, being on since 2013, questions on current status and perspectives of Numerus Clausus development in Russian private law arise. Presented paper aims to answer the question on the need of legally meaningful rule of Numerus Clausus inclusion in modern Russian civil legislation.