The system of property rights: possible options for composition at the current stage of civil legislation development

The article presents various doctrinal approaches to the systematization of property rights. The Russian doctrine presents various classifications of property rights, while using different criteria, due to the lack of unity regarding the list and content of limited property rights. Moreover, in most cases, the authors proceed from the openness of the list of limited property rights. The most common position in modern doctrine is the systematization of property rights depending on the content of property rights. The analysis of the classifications of property rights presented in the article showed the absence of uniform criteria when building their system. Within the framework of each of the proposed classifications, the authors group property rights in one way or another depending on the subject of property law, the transferred powers, the object of property law, or the purpose of the existence of law – that is, different criteria are used within the same system, which leads to a mixture of different phenomena, and this in turn destroys the whole systematization and deprives it of any (both practical and theoretical) meaning. As a result of the conducted research, a two-stage (vertical) system of property rights is proposed in the article.

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Publication Details

Journal
Gaps in Russian legislation
Published
2025-08-18
DOI
https://doi.org/10.33693/2072-3164-2025-18-4-97-104
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

The system of property rights: possible options for composition at the current stage of civil legislation development

Roman А. Ryabzin
Gaps in Russian legislation
Legal and Policy Issues
article

The system of property rights: possible options for composition at the current stage of civil legislation development

Roman А. Ryabzin
article en

Abstract

The article presents various doctrinal approaches to the systematization of property rights. The Russian doctrine presents various classifications of property rights, while using different criteria, due to the lack of unity regarding the list and content of limited property rights. Moreover, in most cases, the authors proceed from the openness of the list of limited property rights. The most common position in modern doctrine is the systematization of property rights depending on the content of property rights. The analysis of the classifications of property rights presented in the article showed the absence of uniform criteria when building their system. Within the framework of each of the proposed classifications, the authors group property rights in one way or another depending on the subject of property law, the transferred powers, the object of property law, or the purpose of the existence of law – that is, different criteria are used within the same system, which leads to a mixture of different phenomena, and this in turn destroys the whole systematization and deprives it of any (both practical and theoretical) meaning. As a result of the conducted research, a two-stage (vertical) system of property rights is proposed in the article.

Gaps in Russian legislationVol. 18(4)
Supreme Arbitration Court of the Russian Federation (RU)
Openalex Percentile: Top 67%
Legal and Policy Issues
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