Fedorova P.A. On the Principle of Inadmissibility of Arbitrary Interference in the Private Affairs of Holders of Limited Property Rights
DOI: https://doi.org/10.15688/lc.jvolsu.2026.1.14
Polina A. Fedorova, Postgraduate Student, Department of Civil Law and Procedure, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0009-0000-1186-1162
Introduction: the principle of inadmissibility of arbitrary interference by anyone in private affairs permeates the entire system of the legal regulation of property rights, including limited property rights, which enjoy independent legal protection. The paper substantiates that the Civil Code of the Russian Federation and other laws guarantee that the holder of limited property rights to an asset is shielded from arbitrary interference by third parties, owners, and public authorities. Purpose: to examine the application of the principle of inadmissibility of arbitrary interference by anyone in private affairs concerning limited property rights. The research methodology comprises the comparative law, formal-logical, and dialectical methods. Results: as a result of the conducted research, the application of the principle of inadmissibility of arbitrary interference by anyone in private affairs is examined in detail with respect to the right of lifelong inheritable possession, the right of permanent (perpetual) use of a land plot, easement, the right of economic management, and the right of operational management. Conclusions: the Civil Code of the Russian Federation and other laws guarantee that the holder of limited property rights must be shielded from arbitrary interference by third parties, owners, and even public authorities. The specific mechanisms for implementing this principle concerning limited property rights include the preservation of the right upon a change in the owner of the asset (the right of succession); the requirement for state registration; the possibility of judicial protection against any violator; the limitation of the discretion of the owner of the encumbered asset; and the establishment of an exhaustive list of legal grounds for the termination and restriction of property rights.
Key words: principles, easement, economic management, operational management, Civil Code of the Russian Federation.
Citation. Fedorova P.A. On the Principle of Inadmissibility of Arbitrary Interference in the Private Affairs of Holders of Limited Property Rights. Legal Concept = Pravovaya paradigma, 2026, vol. 25, no. 1, pp. 111-117. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2026.1.14
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