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Deryugina T.V. Limits of the Owner’s Right to Accomodation Facilities: Conflicts at the Legal Regulation

Tatyana Viktorovna Deryugina
Doctor of Juridical Sciences, Professor,
Department of Civil and Legal Disciplines,
Volgograd Institute for the Humanities
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Abstract. The paper reveals the problems of legal regulation of relations connected with the establishment of the limits to the civil rights in general, and to accommodation facilities, in particular. The author solves the problem of priority actions for the regulatory legal acts of equal force. To resolve conflicts of existing rules on the priority of special norms over the general ones, it is necessary to consider the subject of legal regulation designated in the legal acts. The author elaborates the system of limits to the exercise of civil rights, which should serve as a basis for establishing limits in the subsectors and institutes of civil law. The necessity of changing the legislative technique in establishing the limits of the exercise of civil rights is substantiated. The exercise of the right cannot be performed without restrictions, because it could help to achieve the specification limits to what is allowed to the holder of the subjective right. The main legal means to establish the limits of the implementation of the subjective civil rights should be prohibited by law.

Key words: limits of right, limits of right exercise, civil legal relations, housing legal relations, subject of regulation, allowable character of regulation, system of limits to the rights exercise.

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