PECULIARITIES OF RIGHTS AND RESPONSIBILITIES REALIZATION IN THE SPHERE OF EASEMENT USE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
This article is dedicated to general characteristics of such separate component in mechanism of civil regulation of easement relations as acts of implementation of subjective civil rights and responsibilities. Realization of rights and responsibilities in the sphere of easement use is mainly determined by the nature of easement relations, their irregularities. After all, easement legal relations are a system of legal relations that arise and develop due to and within easement, namely: proprietary easement legal relations and obligation easement legal relations. Of course, proprietary and obligation rights are substantially different from each other and, therefore, different is the process of implementing them. As a consequence, within the framework of this article, the separate attention is paid to the study of the nature of content implementation of proprietary easement relations and obligations easement legal relations separately. It was stated that in the sphere of easement use, all acts of direct implementation of rights and responsibilities are manifested, namely: the use (implementation), execution, observance. Law enforcement as a special form of right implementation is not common for easement implementation as subjective civil right and mainly mediates implementation process of rules of law determining the order of easement occurrence. The article analyzes implementation process of passive obligation of third parties, the scope of which is not defined; do not break the rights and legitimate interests of the owner of the easement. An act implementing this obligation is the observance, the essence of which comes down to the lack of law violation during the whole duration of the easement. Considerable attention is paid to the study of peculiarities of easement implementation as a separate subjective property right on another’s property. On the basis of theoretical generalization of existing in the civil law doctrine the views of scientists for understanding the essence of the term “the implementation of subjective civil right”, the author of the article suggests a definition of the term “the implementation of easement as a subjective civil right”. In the context of this problem, the issue of the easement content is analyzed separately and expressed are the arguments in favor of inappropriate inclusion into content of easement of powers of ownership. The implementation of easement is conducted through actual actions of the owner of the easement which are both ways of limited use at easement. Actual ways of implementing easement are classified into two groups: 1) named; 2) unnamed. Analysis of implementation process of the legal content of obligation easement legal relations is carried out on the example of monetary obligations regarding payment for easement imposition and/or use of another’s estate property based on the easement. As a result, the author of the article concludes that the specificity of monetary obligation within the frame of easement is its dependent, accessory nature through inseparable chain of implementation process of that commitment with easement implementation process as a subjective property right.
Authors and Affiliations
В. В. Мазур
Keywords
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