Negative Easements and Real Obligations: Choosing a Preferred Model

The article analyses the legal regulation of real obligations, easements and other mechanisms that provide the property of adherence for the agreement of owners of adjacent land plots establishing the prohibition to carry out this or that activity on the plot. The author sets the task to identify effective mechanisms allowing to give the property of following the contractual prohibition to carry out activities on the neighbouring plot. The author notes the insufficiency of the existing constructions in the Russian law to satisfy the interests of the participants of the turnover, and substantiates the necessity to develop negative easements or real obligations as a model of regulation. The author notes that it is preferable to introduce both constructions into Russian law because of the different purposes for which they can be used.

Authors

Publication Details

Journal
Zakon
Published
2024-10-01
DOI
https://doi.org/10.37239/0869-4400-2024-21-10-109-118
Primary Topic
Property Rights and Legal Doctrine
Type
article
Field-Weighted Citation Impact
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article

Negative Easements and Real Obligations: Choosing a Preferred Model

Alexey V. Kiselev
Zakon
Property Rights and Legal Doctrine
article

Negative Easements and Real Obligations: Choosing a Preferred Model

Alexey V. Kiselev
article en

Abstract

The article analyses the legal regulation of real obligations, easements and other mechanisms that provide the property of adherence for the agreement of owners of adjacent land plots establishing the prohibition to carry out this or that activity on the plot. The author sets the task to identify effective mechanisms allowing to give the property of following the contractual prohibition to carry out activities on the neighbouring plot. The author notes the insufficiency of the existing constructions in the Russian law to satisfy the interests of the participants of the turnover, and substantiates the necessity to develop negative easements or real obligations as a model of regulation. The author notes that it is preferable to introduce both constructions into Russian law because of the different purposes for which they can be used.

ZakonVol. 21(10)
Openalex Percentile: Top 65%
Property Rights and Legal Doctrine
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