Anisimov P.V., Zhukov A.V. The Protection of the Property Right of a Legal Entity to the Land Plot: General Provisions
Anisimov Pavel Viktorovich
Doctor of Juridical Sciences, Professor, Head of the Department of Theory and History of State and Law, Volgograd Institute of Business
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Kachintsev St., 63, 400010 Volgograd, Russian Federation
Zhukov Aleksey Vladimirovich
Postgraduate Student, Department of Constitutional and Administrative Law, Russian Presidential Academy of National Economy and Public Administration, Volgograd Branch
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Gagarina St., 8, 400131 Volgograd, Russian Federation
Abstract. The article explains the theoretical provisions on the protection of property right to land plots by legal entities. The authors give reasons for conclusion that the process of legal protection of property right by the legal entity differs not only by the subject initiating the human rights process (any legal land owner can represent it), but also by the object of legal protection – the land plot individualized in a civil circulation as only the land plot which has passed the cadastral registration can be the object of property. Thus, the authors insist on the need of vindication allocation as independent way of protecting by legal entities the land rights. This statement is based on the fact that the vindication of the land plot has roots in the Roman law and law-enforcement practice develops by the way of approving this means of protecting the property right of legal entities to land plots.
Key words: protection of land rights, land plot, judicial protection of rights, right recognition, restoration of violated right, vindication, nugatory claim, land transactions.
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