Some rights of limited use of another’s property (servitude, usufruct) in the legislation of Russia and Azerbaijan
Journal Title: Юридические науки и образование - Year 2019, Vol 58, Issue 58
Abstract
The provisions of the Civil Code of the Russian Federation and the Azerbaijan regarding the legal regulation of easements and usufruct are considered. The aim of the work is to determine the direction of development of the right of limited use of another's property in the Civil Code of the Russian Federation. The study was conducted by disclosing the distinctive features and characteristics of easements and usufruct existing in Azerbaijan, as well as in foreign legal orders, in particular, Germany and France. Proposals are made to single out in the structure of the Civil Code of the Russian Federation a separate chapter devoted to servitudes, as well as to introduce provisions relating to negative servitudes and types of servitudes that will be non-exhaustive. It also raises the question of introducing rules on usufruct in the Civil Code, in which provisions on the rights and obligations of the parties, reimbursement of expenses and improvements, as well as insurance of things will be reflected.
Authors and Affiliations
Valeria Vasilyeva
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