Problems of improvement of the civil legislation on the limited real rights in the sphere of land USE

Cover Page

Abstract


In article an attempt of identification of the directions of improvement of the civil legislation on the limited real rights in the sphere of land use is made. Granting by the law of possibility of establishment of the right of building of the land plot without instruction that for transfer of such right to other person the owner himself has to have the allowed use of the land plot belonging to it under building, i.e. have such rights is represented to the extremely wrong. Building has to be allowed for the land plot concerning which the right of building is established. Possible restrictions with the federal law of the rights of possession, use and the order with property, freedoms of business activity and freedom of contracts have to meet the requirements of justice, to be adequate, proportional, proportional, to have the general and abstract character, not to have retroactive force and not to affect a being of the granted constitutional rights, i.e. not to limit limits and application of the relevant constitutional standards; possibility of restrictions and their character have to be caused by need of protection constitutionally of significant values.

About the authors

A S Ivanova

Financial University under the Government of the Russian Federation

Email: ivonn3921@ya.ru

References

Statistics

Views

Abstract - 194

PDF (Russian) - 156

Cited-By


Refbacks

  • There are currently no refbacks.

Copyright (c) 2016 Legal Science



This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies