On the Problem of Realizing the Rights of Landholders in the Civil Law of the Continental Europe Countries (On the Example of France and Germany)

摘要

Private land ownership in modern Russian law is, on the one hand, a legal novel, taking into account the almost century-old failure of the development of private land relations, and, on the other hand, the Russian legal doctrine is closely connected with continental legal institutions, including property law. European legal structures influence the Russian legal system, its formation and evolution from the moment of reception of Roman law and the creation of the Code of Napoleon. In Russia, the land reform, which began in the late 90s, is ongoing, an important aspect of which is the realization of the rights of landholders to their land plots. Until now, some issues related to the right of the owner to dispose of his/her land plot are debatable. In this context, it is important to study the European legal experience of the realization of the rights of landholders in the continental Europe countries by the example of the leading legal systems of France and Germany. In the scientific literature, there are practically no special works devoted to a comprehensive study of the problem of the realization of the rights of landholders in the civil law of the continental Europe countries. A number of researchers: E. Anners, R. David, C. Jauffret-Spinosi, I.M. Kulisher, and others, consider the problems of the formation and evolution of European legal institutions, but do not dwell separately on the problems of the realization by the landholder of their rights. Therefore, using modern scientific tools, scientific research methods: retrospective, systemic, analytical methods, rather-legal analysis, etc., it seems to us possible to consider the problem of realizing the rights of landholders in continental Europe (using the example of Germany and France) based on the analysis of scientific literature and civil legislation of France and Germany.