THE QUESTIONS OF GOOD FAITH IN THE DYNAMICS OF EASEMENTS
Author(s): Ananyev Andrey Gennadievich
Rubric: Civil, business and contract law
Release: 2019-3 (21)
Keywords: good faith, title ownership, easement, land plot, real estate, property rights, estoppel
Annotation: The article discusses the category of good faith in the context of the exercise of civil rights to property belonging to another person. The current legislation enshrined the principle of good faith in relation to all civil law institutions. An analysis of modern legislation allows us to conclude that today there are no clear and uniform approaches to understanding and disclosing the good faith of both a general and holistic category, and within individual civil law institutions. Based on the methods of analysis and comparison, an attempt was made to trace the implementation of this principle in the dynamics of the right of limited use of someone else’s real estate (easement). The article states the shortcomings that exist in the rules governing the relevant relations. Taking into account the analysis of theoretical and law enforcement material, the author made some conclusions on this issue. The author concludes that it is impossible to formulate a common understanding of good faith in easement law, since it is made dependent on the dynamics of the corresponding relationship. The results of the study can be applied in the law enforcement process in the regulation of relations in the field of easement relations.
Bibliography: Ananyev AN.GE. THE QUESTIONS OF GOOD FAITH IN THE DYNAMICS OF EASEMENTS // Jurisprudence. – 2019. – № 3 (21). – С. 49-55. doi: 10.21777/2587-9472-2019-3-49-55