Объект защиты негаторным иском

Хозяйство и право. 2022. № 7. С. 3–11.

Malbin D.

In the legal literature, there is a difference of views regarding what a negatory claim protects. A number of authors believe that a negatory claim protects the rights of use of the owner, others believe that such a claim protects the rights of use and disposal. Meanwhile, this approach is methodologically incorrect, since it is based on the existence of three powers of the owner. At the same time, the subjective right of ownership, like any subjective right, is a measure of possible behavior that does not have structural units in its content, in connection with which the author comes to the conclusion that the object of protection by a negatory claim is the right of ownership itself, and not part of it.

Keywords: право собственности, распоряжение, right of ownership, Владение, the method of protection of civil rights, способ защиты гражданских прав, негаторный иск, possession, negatory claim, disposal, пользование