Restriction of the property rights

• Main Authors: Yury Alexandrovich Svirin, Vladimir Aleksandrovich Gureev, Alexandr Anatolievich Mokhov, Eduard Eduardovich Artyukhov, Igor Mikhaylovich Divin
• Format: Article
• Language: English
• Published: Editorial AAR 2021-05-01
• Series: Laplage em Revista
• Subjects: Restriction on the right; Right encumbrance; Limits of restriction on the right; Easement
• Online Access: https://laplageemrevista.editorialaar.com/index.php/lpg1/article/view/805

The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limiting the absolute right of ownership was justified, the difference between the restriction and encumbrance of the right of ownership was proved, and the place of the easement in the system of restriction on the right was investigated.