On the concept and legal nature of restrictions on ownership of land real estate
https://doi.org/10.31429/20785836-16-2-85-92
Abstract
The purpose of the work is to study the issue of the concept of restrictions on ownership of land real estate and the place of this doctrinal category in the system of civil concepts. The main attention was paid to the consideration of the relationship between the categories of restrictions, encumbrances and the limits of the right of private and public ownership of land real estate.
The objectives of the work include the formulation of the definition and identification of the legal nature of restrictions on ownership of land real estate. It is substantiated that restrictions on the ownership of land real estate are a set of prohibitions established in federal laws and additional obligations of citizens and legal entities, narrowing the scope of their rights to use and/or dispose of land plots to ensure public goals and interests. The evidence of the differences between restrictions and related legal concepts, including encumbrances and limits of ownership of immovable land, is presented. It is proved that the establishment of restrictions does not entail the exclusion of any authority of the owner, but his ability to use or dispose of land real estate is decreasing (narrowing). This may manifest itself in a ban on the sale of land to foreigners or a ban on improving the site by means of land reclamation, etc.
About the Author
S. A. Charkin
ANO VO "Volgograd Humanitarian Institute"
Russian Federation
Russian Federation
Sergey A. Charkin, Cand. of Sci. (Law), Associate professor, Associate Professor of the Department of Civil Law and Procedure
25 years old October str., 1, building 2, Volgograd, Russia, 400119
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Review
For citations:
Charkin S.A. On the concept and legal nature of restrictions on ownership of land real estate. Legal Bulletin of the Kuban State University. 2024;(2):85-92. (In Russ.) https://doi.org/10.31429/20785836-16-2-85-92
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