THE MAIN PROPRIETARY METHODS OF PROTECTING CIVIL RIGHTS

Author(s): Slabospitsky A.S., Elderkhanov M.A.

Rubric: Rostrum of the young scientist

DOI: 10.21777/2587-9472-2022-3-50-57

Release: 2022-3 (34)

Pages: 50-57

Keywords: vindication claim, negatory claim, method of protection, proprietary rights, ownership

Annotation: The relevance of this article is due to the lack of unity of approaches in the scientific doctrine in relation to proprietary methods of protection. The imperfection of the current legislation and law enforcement practice necessitates a new scientific understanding of the civil law categories of property law. In this regard, this article presents the author’s view on the resolution of theoretical problems related to the stated topic. The subject of the research is normative legal acts, law enforcement practice and scientific concepts related to the main proprietary legal methods of protecting civil rights. The aim is to form an integrated approach to the understanding of property law methods of protection. The research methodology involves the use of both general scientific (analysis, classification, analogy) and private scientific methods of cognition (system-structural, method of interpretation, modeling). The article gives a procedural description of the two main proprietary legal methods of protection – vindication and negatory claims, including by analyzing the elements of these claims. The conclusions relate to the need to form a unified legislative concept on proprietary methods of protection, to determine the legal nature of the requirement to release property from arrest, as well as the conditions for the effectiveness of the use of various proprietary methods of protection.

Bibliography: Slabospitsky A.S., Elderkhanov M.A. THE MAIN PROPRIETARY METHODS OF PROTECTING CIVIL RIGHTS // Journal of Legal Sciences. – 2022. – № 3 (34). – С. 50-57. doi: 10.21777/2587-9472-2022-3-50-57