The article analyses various types of servitudes in foreign law as well as in current and proposed Russian legislation. In that context the author explores the concepts of iura in re aliena, land burdens and real obligations, numerus clausus principle and correlation of ownership and other property rights. Article considers two additional problems. First, what is the place, if any, of so called «positive» obligations among other types of servitudes. Second, whether it is worth preserving the classic model of servitude in modern law.
Translated title of the contributionSERVITUDE TYPES: FOREIGN EXPERIENCE AND DRAFT AMENDMENTS TO RUSSIAN LEGISLATION
Original languageRussian
Pages (from-to)142-162
JournalВестник экономического правосудия Российской Федерации
Issue number1
StatePublished - Jan 2015

ID: 39072851