TY  - JOUR
TI  - The Right of Access to Public Road as a Restriction of Property in the Neighbor Interest in Russianand Foreign Law
T2  - 
IS  - 
KW  - neighborly law
KW  - restrictions on ownership
KW  - property law
KW  - private easement
KW  - public easement
KW  - land plot
KW  - land Registry
KW  - boundaries of property rights
KW  - limits of property rights
KW  - right for access
AB  - The article discusses the construction of the right of the necessary road as a restrictionof ownership in the interests of a neighbor. This right is not known to the Russian law.Proposals for its introduction were made in the last century in the process of discussingthe draft of the Civil Code of the Russian Empire. The construction of the necessary roadlaw is widely used in many foreign law and order as neighborly law along with a privateeasement. Foreign doctrine and judicial practice distinguish between a private easementand the right of the necessary road as neighboring law. The relevance of introducingthe construction of the necessary road law into the domestic law and order is due to the modern reform of Russian property law. An extensive judicial practice testifies to thepractical need of this institution in our country, which shows the insufficient design ofprivate and public easements to regulate relations between neighbors when establishingthe right of passage (thoroughfare) to a public road. The article reveals the concept of thelaw of the necessary road as neighborly law, its essence, the conditions for establishing,delimiting from the property easement, determining the fee and exemption from it. Theprerequisites for the introduction of this design into current Russian law are justified. Thepurpose of the article is to justify the need to develop the institution of the necessary roadas a restriction of ownership in the interests of a neighbor (neighborly law) in Russian civillaw. Based on the study of Russian doctrine and jurisprudence, a number of conclusionsand proposals are prepared regarding the essence of the right of the necessary roadas a neighbor’s law and the need to separate it into a separate civil law category. Themethodology of the paper is based upon general research ways and means (analysis andsynthesis, induction and deduction, a system analysis method) and upon methods of legalscience (including comparative law, systematic, teleological and historical interpretationof legal norms).For citation: Emelkina I.A. (2020) The Right of Access to Public Road as a Restriction of Property in the Neighbor Interest in Russian and Foreign Law. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 84-104 (in Russian) DOI: 10.17323/2072-8166.2020.2.84.104
AU  - I.A. Emel'kina
UR  - https://law-journal.hse.ru/en/2020--2/381037042.html
PY  - 2020
SP  - 84-104
VL  -