ON THE ISSUE OF MEASURES TO PROTECT PROPERTY RIGHTS, LAND USE RIGHTS AND OTHER RIGHTS TO LAND
Keywords:
civil liability, measures of state coercion, restoration of violated law and order, measures of legal liability, legal regulation, subjective rights, civil rights, recovery of damages, legal entity, violation of property rights.Abstract
Abstract.
In civil law, the protection of property rights, land use rights, and other land-related rights is understood as a set of civil law measures aimed at preventing and remedying violations of property relations. The legal nature of protection consists of state enforcement measures that ensure the restoration and safeguarding of the owner’s rights. Civil law norms perform three main functions: establishing the ownership of property by specific subjects, creating conditions for owners to exercise their rights, and imposing liability for violations.
Protection methods are divided into general and special. General methods apply to the protection of all civil rights and include recognition of rights, self-defense, as well as public law measures such as invalidation of unlawful acts by state authorities. Special methods are aimed at protecting property rights and obligations. Property protection methods include vindicatory and negatory claims, which safeguard absolute rights related to specific property. Obligation-related protection methods, such as declaring transactions invalid, apply when obligations are breached.
A distinctive feature of property protection is the possibility to bring absolute claims against any violator, enabling effective restoration of possession and use of property. Additionally, civil law provides supplementary measures, including liability for damage to property and guarantees of compensation when property is expropriated by the state.
Thus, the protection of property rights represents a complex of preventive norms and effective legal remedies that ensure the preservation and restoration of the owner’s property interests.
