Ryzhenkov A.Ya. The Manifestation of the Basic Civil Legislation in Housing Legal Relations

DOI: https://doi.org/10.15688/jvolsu5.2016.3.2

Anatoliy Yakovlevich Ryzhenkov
Doctor of Juridical Sciences, Professor, Department of Civil and International Private Law,
Volgograd State University, Base Department of the Southern Scientific Center
of the Russian Academy of Sciences
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The issue of the relationship of the principles of civil and housing legislation is  discussed in the article. The basic principles that are common to the civil and housing legislation, as well as the differing principles are analyzed. They include the need to ensure that conditions for citizens to exercise the right to housing by the public authorities and bodies of local selfgovernment, its security, and preservation of housing stock and the use of premises for the purpose. The right to housing is constructed as public and legal principle which is addressed to the public authorities and local self-government and, accordingly, does not fit into civil equality. Mixed nature of housing rights is confirmed by the fact that the separate civil-legal principles (equality, freedom of contract, the action of one’s own free will and in their interest, etc.) are subjected to fairly significant restrictions in this framework and are complemented by other principles having publicly-legal character.

Key words: house, principle, legislation, freedom, equality, contract.

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