Private Law Mechanism of Property Protection: Content and Principles of Operation

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Abstract

Taking into account the recently increased risks regarding the inviolability of property rights, as well as the balance of rights and obligations of the owner, the article proposes and substantiates the author's definition of the private law mechanism of property protection. The constitutive features of this mechanism are revealed, including the legitimization of the idea of the inviolability of property, which ensures the well-being of a person and society; instrumental nature; Flexibility and openness in principle. Shown the structure of the private law mechanism of property protection and its differentiation, as well as problematic areas of its application in judicial practice. A brief description of the integrating principles of the private law mechanism of property protection, namely justice, proportionality and predictability, is given.

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Kamil A. Kashaev

State University of Education

Author for correspondence.
Email: Kamelkash@gmail.com
SPIN-code: 9065-9570

the first vice-rector

Russian Federation, Moscow

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