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Title |
To the question of thing encumbrance in private law of the Rrussian
Federation
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Autors |
Bumazhnikova Olga Viktorovna
Candidate of Law, a lawyer of Chamber of Lawyers of Tver region, legal
office no. 213 (the Russian Federation, Tver region, Tver). 170042, Tver, 7 Nikitin Per.
E-mail: bumazhnikova.olga@yandex.ru |
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Section |
Civil law |
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Issue |
7/2012 |
Page |
45-48 |
index UDC |
347.214.2(470)
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index LBC |
Х404.114(2)
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Abstract |
The article is devoted to the
encumbrance problem. Disputes on the legal nature of encumbrance, in particular
encumbrances of real estate objects in a science of civil law still go on. At
present the problem of encumbrances remains poorly studied, but important both
in theory and in jurisprudence. The article opens a problem of property
encumbrance being both on the property right, and on other right of the third
parties. The author presents the comparative analysis of two concepts —
«encumbrance» and «restriction». There is drawn a conclusion that one of distinctive
features of the specified concepts is the object of their influence and that a
thing is a subject to encumbrance while right is a subject to restriction. Thus
the author points to the signs of such things and makes offers on change of the
civil legislation. |
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Keywords |
encumbrance, property encumbrance, right
restriction, a ratio of encumbrances with restrictions of
the rights. |
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