Развитие российской правовой модели обеспечения вещных прав

Вопросы российского и международного права. 2023. Т. 13. № 6-1. С. 285–291.

Yagunova E. E., Новиков А. В.

As a result of the analysis of law enforcement practice, it was revealed that incorrect interpretations by the courts of the categories of property law and legal possession lead to restrictions on their provision and create precedents that may eventually become the basis for the development of new types of fraud with property rights and legal possession rights. In these conditions, in order to improve the regulation of real rights, it is necessary to search for ways to improve the mechanism of protection of real rights and legal possession through the study of law enforcement practice. At the same time, in contrast to the currently widespread approach in the scientific literature focused on the assessment of statistical indicators, such as, for example, the proportion of satisfied claims of applicants for infringement of property rights, it is necessary to use analysis tools aimed at identifying the motivation of the judicial authority when making a decision contained in the relevant judicial act. The use of this tool is more significant compared to the search for a new paradigm for the protection of property rights and legal ownership based on legal models used in developed countries. This article analyzes the modern Russian practice in the field of ensuring property rights and legal possession.

Keywords: право собственности, имущественные отношения, вещные права, законное владение