Limits and Forms of Private Autonomy in Neighbours’ Relations

The article examines the possibility of regulating neighbours’ relations by concluding private agreements between owners; the permissible limits of such regulation, as well as the legal forms in which it is possible, are assessed. It is shown that private agreements in neighbours’ relations can lead to both the establishment of a limited property right — an easement, and to the emergence of obligatory and quasi-corporate relations. The pros and cons of each of the options for organising the relationship between the parties are assessed, and problems arising due to the insufficient development of the regulation of neighbours’ relations in Russian civil law are demonstrated.

Authors

Publication Details

Journal
Zakon
Published
2024-10-01
DOI
https://doi.org/10.37239/0869-4400-2024-21-10-17-28
Primary Topic
Political Philosophy and Ethics
Type
article
Field-Weighted Citation Impact
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article

Limits and Forms of Private Autonomy in Neighbours’ Relations

Alexander N. Latyev
Zakon
Political Philosophy and Ethics
article

Limits and Forms of Private Autonomy in Neighbours’ Relations

Alexander N. Latyev
article en

Abstract

The article examines the possibility of regulating neighbours’ relations by concluding private agreements between owners; the permissible limits of such regulation, as well as the legal forms in which it is possible, are assessed. It is shown that private agreements in neighbours’ relations can lead to both the establishment of a limited property right — an easement, and to the emergence of obligatory and quasi-corporate relations. The pros and cons of each of the options for organising the relationship between the parties are assessed, and problems arising due to the insufficient development of the regulation of neighbours’ relations in Russian civil law are demonstrated.

ZakonVol. 21(10)
Openalex Percentile: Top 70%
Political Philosophy and Ethics
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Limits and Forms of Private Autonomy in Neighbours’ Relations — Alexander N. Latyev · Zakon (2024) | TGRS Research Map | TGRS