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Title

Property right: the experience of Germany and problems of the reform in Russia

Author

Berestyuk Natalia Sergeevna

was born on September 13, 1993. In 2011 she entered the Faculty of Law of South Ural State University. Now she is a second-year student of the Faculty of Law of South Ural State University. Research interests: issues of civil law, comparative law, history of state and law. E-mail: nomiiaxiom@gmail.com.

Lorents Dmitry Vladimirovich

was born on March 13, 1983. In 2005 he graduated from South Ural State University. In 2008 he defended a candidate’s thesis in Vindication: legal nature and problems of implementation. Now he is an associate professor of Civil Law and Procedure Department of South Ural State University. He is the author of 90 publications. Research interests: civil security of property law. E-mail: lord-dv@mail.ru.

Section

Problems and Questions on Civil Law

Abstract

On the basis of the German experience a distinction between such legal elements as rent burden, independent real security and property obligation is made. In the framework of the property reform in Russia the authors reveal peculiar features of property right in the project of the Civil Code of the Russian Federation as well as potential problems of the law implementation such as pernor disadvantage, ambiguity of the character of the right to the real, the circulation of the right of real issue, etc.

Keywords

property issue, rent, real security.

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