Interests of Business in the Conditions of the Reform of Civil Legislation on Rights in Rem

10.12737/7248 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Ирина Емелькина ◽  
Irina Emelkina
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Land Rights ◽  
Civil Code ◽  
Legal Model ◽  
The Russian Federation ◽  
New System

The article discusses the problems faced by Russian entrepreneurs in the implementation of land rights. The author notes that in the transition to a new system of limited real rights must take into account the interest of business. Particular attention is paid to the analysis proposed for the introduction of the Civil Code of the Russian Federation, the two property rights to land, buildings and permanent tenure. The article highlights the prospects of these rights, noted shortcomings of the bill to amend the Civil Code of the Russian Federation, the legal model proposed legislated specified rights in rem.

Rights of Private Property in the Civil Code of the Russian Federation and in the Civil Code of Quebec

2005 ◽  
Vol 30 (1) ◽  
pp. 29-48 ◽  
Author(s):  
David Lametti
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Private Property ◽  
General Structure ◽  
Civil Code ◽  
Theory And Practice ◽  
General Observation ◽  
Rough Approximation ◽  
Civil Code Of Quebec ◽  
The Russian Federation

AbstractPrivate property entails a relationship between people through objects. The objects of property rights form a necessary part of the property equation, and provide an understanding of the rights and obligations allowed and required in the exploitation of any given object. This often comes through the civilian notion of destination: the idea that certain resources have a specifi c teleology or accepted way of being properly exploited or used finds expression in various legal rules. The manner in which the destination is determined may vary: it may be formal, legal or merely tacit. This basic theme is amplified in this comparative study of the basic structure of private property rights and obligations in the Civil Code of the Russian Federation and in the Civil Code of Quebec. Other themes also become equally apparent in the course of this study. First, the Russian code contains a very rough approximation of the general structure of civil law property rights: a fullest right of ownership and different lesser entitlements or dismemberments. The dismemberments, however, are quite unique to the Russian context. Second, both property rights and obligations are articulated much more explicitly and elaborately in the Russian code than in the Quebec counterpart. Third, this express enunciation of obligations and limitations on all entitlements in turn is founded on the idea that ownership is a limited concept. This foundation is in no way in contradiction to the theory of ownership in Western legal theory and practice. Finally, as a general observation, the continuing role of the state in the Russian private property system as articulated in the Russian code is much more pronounced. This is true both in its role as a legislator and enforcement agent of property limitations, as well as its express role as an actor in certain of the lesser entitlements.

scholarly journals Reformation of the Russian Civil Code in the Context of Human Rights Protection

2020 ◽  
Author(s):  
Mikhail Semyakin ◽  
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Civil Code ◽  
Constitutional Court ◽  
Human Rights Protection ◽  
State Register ◽  
Bona Fide ◽  
The Russian Federation ◽  
Principle Of Proportionality ◽  
The Individual

In connection with the reform of civil legislation, several amendments are being drafted into the Russian Civil Code, in particular into the institute of property rights, which need to be scientifically analysed from the perspective of ensuring that citizens’ rights are adequately protected. The study is to scientifically evaluate the proposed amendments, and to develop individual recommendations for their improvement. Besides general scientific methodology, the following specific scientific study methods were employed: dogmatic, formal-logic, comparative-legal, as well as methods of interpreting normative material and analysing court practice. In the context of the protection of the rights and legal interests of civilians, an analysis was carried out of the projected regulations on the institute of property rights and the individual novelties contained in the Law ‘On introducing amendments to Part One of the Civil Code of the Russian Federation’ have been examined. In general, the proposed amendments to the institution of proprietary rights implying the assurance of proper protection of rights of bona fide individuals are adequately protected. Particular attention was paid to certain contentious points between the designed amendments and effective legislative provisions, in particular those relating to the rights of the previous owner of the property and the good faith purchaser of the property in question. Recommendations regarding certain incorrect provisions were given, particularly in relation to recognising a real estate acquirer as a bona fide purchaser who relied on data from the state register until it is proven in court that he knew that there was no right to alienate the concerned property. The draft amendments are considered for the first time in the context of the proper protection of citizens’ rights and in close connection with the provisions of the Constitutional Court of the Russian Federation and the European principle of proportionality.

scholarly journals The Limitation of Action in Respect of the Claim for Deeming a Proprietary Right to Be Absent

CIVIL LAW ◽  
2020 ◽  
Vol 6 ◽  
pp. 12-15
Author(s):  
Tikhon P. Podshivalov ◽  
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Civil Code ◽  
The Russian Federation ◽  
The Law ◽  
Characteristic Features ◽  
Limitation Of Action

The article analyzes the jurisprudence regarding the decision on the applicability of the statute of limitations to the claim for recognition of property rights as absent. The resolution of the stated dilemma is built by identifying the characteristic features of the claim for recognition of property rights as absent. It is concluded that the statute of limitations does not apply to a claim recognizing property rights as absent, since this requirement is aimed at challenging the registered right to immovable things, and by virtue of Art. 195 of the Civil Code of the Russian Federation, the statute of limitations applies only to claims based on a violation of the law, and not a dispute.

INHERITANCE OF EXCLUSIVE RIGHTS

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Civil Code ◽  
Intellectual Activity ◽  
The Russian Federation

В статье рассматриваются особенности наследования исключительных прав. Обращается внимание на отсутствие унификации норм о наследовании прав на результаты интеллектуальной деятельности. Предлагается включить в часть третью ГК РФ отдельную главу, посвященную наследованию интеллектуальных прав. The article discusses the features of the inheritance of exclusive rights. Attention is drawn to the lack of unification of the rules on the inheritance of rights to the results of intellectual activity. It is proposed to include a separate chapter on the inheritance of intellectual property rights in Part three of the Civil Code of the Russian Federation.

Objects of Private Property in the Civil Code of the Russian Federation and in the Civil Code of Quebec

2005 ◽  
Vol 30 (1) ◽  
pp. 19-28
Author(s):  
David Lametti
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Subject Matter ◽  
Private Property ◽  
Civil Code ◽  
Property Relations ◽  
Civil Code Of Quebec ◽  
The Subject ◽  
The Russian Federation

AbstractProperty norms, in expressing a relationship among people through resources, must address in some manner the organization of property rights and the classification of objects of property. Both the Civil Code of the Russian Federation and the Civil Code of Quebec express some notion of the idea of what the author has called property-as-object, taking the form of certain distinctions: movable/immovable, corporeal/incorporeal, capital/revenue, or in commerce/out of commerce.The Russian code contains a rich discussion of the objects of property, with a larger, more explicit formal role for objects in the understanding of property rights as compared to the Quebec code. The articles on objects in general manifest the traditional civilist distinctions, while set in the context of present Russian society.Moreover, notwithstanding some initial lack of clarity in the Russian code's classifi cation between the objects of property and the subject-matter of other patrimonial rights, the objects of property are clearly distinguishable as a category and are important to understanding property relations. Despite the focus in the Russian code on "things" as the objects of property as opposed to "rights in things", it is nevertheless the case that the latter are an important part of the property relationship, and cannot be disentangled from "things".

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

Sign in / Sign up

Export Citation Format

Share Document