Систематизация вещных исков в гражданском праве

Systematization of property claims in civil law

 https://doi.org/10.24031/1992-2043-2022-22-5-85-118   The article deals with the problem of determining the list of real actions that could be taken to improve civil legislation and develop judicial practice. The main research method is comparative law. The article analyzes the civil codes of foreign countries on issues of property law protection, and also considers tort actions in defense of rights to things in common law. Attention is also paid to the historical development of the norms on the protection of property rights, starting from Roman private law. On the basis of historical analysis, a periodization of the development of ideas about real actions in civil law is proposed. On the basis of historical and comparative legal research, a system of real actions for Russian civil law de lege ferenda is proposed. The system of real actions includes five of its varieties and consists of the following methods of protection: a vindication action, a negatory action, an action for the recognition of a property right, an action for the acquisition of a property right, an action for the termination of a property right. At the same time, the problem of systematization of property actions remained unexplored for a long time due to the universal understanding of a negatory action. The rejection of such an interpretation of the negatory action allows us to take a new step and develop the revolutionary ideas of the pandektists in modern law.   Keywords: civil law; real right; real actions; negatory action; action for recognition of a property right; action for the release of things from arrest; action for the recognition of a property right as absent; action for the acquisition of a property right; action for termination of property rights; demarcation action; comparative law. Information about the author

T.P. Podshivalov