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
- Alexander N. Latyev
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
- 0.00