В ОКОВАХ ДЕЛИКТА: УСЛОВИЯ УДОВЛЕТВОРЕНИЯ НЕГАТОРНОГО ИСКА ПО РОССИЙСКОМУ ПРАВУ
In this article, the author on the basis of Russian judicial practice formulates and analyzes the conditions for upholding actio negatoria.. According to the author, these conditions boil down to the following: violation of the right of the owner ; the causal connection between the violation and the actions of the defendant, as well as the unlawfulness of the actions of the defendant. These conditions coincide with the conditions for satisfaction of the tort claim. The similarity of an actio negatoria with a tort one is caused by the fact that the law does not formulate conditions for upholding of an actio negatoria , but only declares the owner’s right to demand the elimination of a violation of his right not related to the loss of possesion. . When considering a dispute over an actio negatoria and in the absence of a detailed regulation of its conditions, the court, by analogy, applies the rules on tort. The author believes that this situation is acceptable, since an actio negatoria is a form of tort in the field of property.
In the article devoted to the review of the S.A. Sinitsyn’s book “General Provisions on Real Law: Comparative Legal Research: Monograph”, the author analyzes numerous new ideas and approaches regarding the concept, essence, features, meaning and place of real law in modern legal systems. The author’s critical comments on the current state of the mechanism of legal regulation of real rights in Russia are evaluated, and additional arguments for the new theoretical and practical approaches proposed in the book are presented.
The consequences of the Golunov case. — Internal expertisein criminal cases. — Detention and the case of Calvi. — Public service is not a place for organised criminal groups?—Security services and business. Banks block everyone. — Tax evasion is a continuing crime. — New Code of Administrative Offences. — Regulatory guillotine. —Stealing real estate via electronic signature. —People as services. — Illegal LegalTech. —“Harmful” escrow accounts. — Reforming property law once again. —Joint wills and inheritance agreements.—Percentage of citations of others’ works.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/