The Issue of the Nature of Limited Property Rights and the Boundaries of the Expected Right

Kress, Vyacheslav

doi:10.61205/jrp.2023.141

English

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The Issue of the Nature of Limited Property Rights and the Boundaries of the “Expected Right”

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The Issue of the Nature of Limited Property Rights and the Boundaries of the “Expected Right”

Annotation

PII

S1605-65900000622-5-1

DOI

10.61205/jrp.2023.141

Publication type

Article

Status

Published

Authors

Vyacheslav Kress Send message

Occupation: Chairman of the Moscow District Arbitration Court
Affiliation: Moscow District Arbitration Court
Address: Moscow, Russia

Edition

Volume 27 No. 12

Pages

97-107

Abstract

The purpose of the study is to determine the ratio of the powers of persons regarding objects of civil rights with limited property rights. The article touches upon the following issues: the nature of the list of real rights; the possibility of characterizing legal relations as real in the absence of an indication of them as such in the law (i. e., the scope of the concept of real rights); the ratio of “expected rights” with real rights.

The research uses general scientific methods (analysis and synthesis), as well as private scientific methods (comparative legal, formal legal).

The article analyzes the practice of state arbitration courts on the main problematic issues of property law, the practice of the Supreme Court of the Russian Federation, as well as doctrinal sources. The temporary nature of the expected right is emphasized: its transformation into a property right or other limited proprietary right is legally inevitable.

The author asks about the place of the category of expected rights in the system of absolute and relative legal relations. In his opinion, the introduction into Russian law of the institute of preliminary registration of the right of expectation (or its equivalent) de jure will endow its owner — who is not yet the owner of the expected subjective right — with a legally protected status.

Keywords

civil law, rights in rem, right of ownership, expected rights, rights of expectation, secondary rights, incomplete legal procedure, rights of claim

Date of publication

21.12.2023

Number of purchasers

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149

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0.0 (0 votes)

Cite Download pdf

GOST	Kress V. The Issue of the Nature of Limited Property Rights and the Boundaries of the “Expected Right” // Journal of Russian Law. – 2023. – V. 27. – No. 12 C. 97-107 . DOI: 10.61205/jrp.2023.141
MLA	Kress, Vyacheslav "The Issue of the Nature of Limited Property Rights and the Boundaries of the “Expected Right”." Journal of Russian Law. 27.12 (2023).:97-107. DOI: 10.61205/jrp.2023.141
APA	Kress V. (2023). The Issue of the Nature of Limited Property Rights and the Boundaries of the “Expected Right”. Journal of Russian Law. vol. 27, no. 12, pp.97-107 DOI: 10.61205/jrp.2023.141


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References

Additional sources and materials

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