Open AccessConcept and grounds for the acquisition of ownership rights in the civil law of the Russian Federation
Author(s) -
Svetlana Sergeevna Aleeva,
Maria Ye. Zhukova,
Светлана Иванова,
Albina V. Kachmazova,
Елена Борисовна Козлова
Publication year - 2021
Publication title -
cuestiones políticas/cuestiones políticas
Language(s) - English
Resource type - Journals
eISSN - 2542-3185
pISSN - 0798-1406
DOI - 10.46398/cuestpol.3971.31
Subject(s) - law , argumentation theory , interpretation (philosophy) , political science , property (philosophy) , civil law (civil law) , property rights , constitution , sociology , public law , epistemology , philosophy , linguistics
The purpose of the article was to study the legal nature, concept, and motives for the acquisition of property rights in Russian civil law. The main method of documentary research. The article also uses the inductive method, the method of systematic scientific analysis, comparative legal methods, and historical methods. The main method underlying the solution of the problem is to study the legal bases and characteristics of the acquisition of property rights. The article demonstrates the theoretical irresoluble of the problem of scientific understanding of the grounds for acquiring property rights in the civil law of Russia and other countries. The authors of the article consider that the interpretation of Russian legal norms on property rights is multidimensional in contrast to the relatively recent past. It is concluded that judicial argumentation has occupied an important place in the modern scientific interpretation of civil law rules on property rights. Both the modern legal state and the constitution were created by interpretation and argumentation, including the rules of the property law institute.