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PROPERTY RIGHT ATTRIBUTE BENCHMARKS IN THE ROAD MAP FOR DEVELOPMENT OF THE RUSSIAN CIVIL LAW
Abstract
This publication deals with forthcoming amendments expected to be made in the civil law pursuant to proposed draft laws which provide for legitimization of distinctive features or attributes of property rights. In particular, it deals with accrual and termination of property rights for the reasons provided by the Civil Code and respective subordinate laws and regulations; statutory preservation of a list of property rights; disclosure of content and the way property rights are to be exercised in the civil law; encumbrance over property created by restricted property rights; availability of the resale royalty right to holders of property rights; ability of a holder of property rights to dominate property; advantages of property rights vis-a-vis other ownership rights; availability of proprietary protection of property rights; correlation of proprietary rights and restricted property rights in the civil law; and availability of state registration of property rights. Moreover, the author suggests his own approach to benchmarks which allow it to draw a clear distinction between property and other ownership rights
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References10
October 2009 by the Presidential Council for Codification and Enhancement of Civil Legislation), Bulletin of the Supreme Commercial Court of the Russian Federation, Russia, vol. 11, p, 2009.
Pronkina I.Y. Comparative Analysis of the Definition and Features of Property Rights in the Civil Law Road Map for Development of the Russian Civil Law (approved on 07 of Germany and Russia, Politics, State and Law, Russia, vol. 6, 2014.
Draft Federal Law No.47538-6 On Amendments Made in Part 1, 2, 3 and 4 of the Civil Code and Certain Regulations of the Russian Federation (by Resolution No.1150-6GD of the State Duma of the Federal Assembly of the Russian Federation of 16 November 2012 it has been subdivided into nine parts and each of them shall be adopted as a separate Federal Law). Consultant Plus Legal Reference System, Russia, 2012.
Akhmetyanova Z.A.Enhancement of the Law of Property, Russian Justice, Russia, vol. 9, pp 8-9, 2009.
Kamyshansky V.P. Limits and Restrictions Applicable to the Right of Ownership: Monograph, Russia, vol. 5, pp 2-5, 2013.
Karnushin V.E. Absolute Legal Relationship of the Right of Ownership from the Perspective of Available Restrictions, Rule of Law, Russia, vol. 1, pp 91-101, 2014
Rodionova O.M. Mechanism of Civil Law Regulation in the Context of Modern Private Law, Russia, p 336, 2013.
Results of Analysis of Property and Proprietary Rights. Property rights, Russia, p 116, 2009.
Krasavchikov O.A. Legal Facts in the Soviet Civil Law, Russia, p 171, 1958.
Rybalov A.O. Restricted Property Rights: Definition Issues, Law, vol. 2, pp 115-124, 2007.
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