Comparative-Legal Analysis of the Institute of Propietary Protectionin the Russian and Foreign Civil Law

• Main Authors: E. N. Malanina, V. V. Butina
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2018-06-01
• Series: Сибирское юридическое обозрение
• Subjects: possession; proprietary protection; ownership claim; legal basis; ownership; self-defense of possession; civil law of foreign countries
• Online Access: https://www.siberianlawreview.ru/jour/article/view/33
• ISSN: 2658-7602; 2658-7610

In this article, a comparative legal analysis is conducted of the institution of proprietary protection in Russia and foreign countries. In particular, certain provisions of the civil legislation of such states as Germany, France, Austria, Italy, Switzerland, Netherlands, Portugal and England have been explored. Along with the study of foreign legal systems, the prospects for regulating proprietary protection in the rules of Russian civil law are examined on the basis of a detailed analysis of the Concept of the Development of Civil Legislation of the Russian Federation and the draft of Federal Law No. 47538-6 “On Amendments to Parts One, Two, Three and Four of the Civil Code of the Russian Federation, as well as in certain legislative acts of the Russian Federation”. The authors consistently disclose the content of the rules on property claims, the delineation of the approach to protecting the proprietary of movable and immovable things, the possibility of investigating the legal basis of possession within the possessory process, as well as the limits of self-defense of possession. As a result of the conducted research, the authors concluded that it is necessary to secure the proprietary protection in the norms of the current Russian legislation after the elimination of the indicated gaps and contradictions.