Property rights to transport: regulatory issues

Abstract

Applicability of the issue under research is preconditioned by the fact that Russian property right does not meet modern realities; lack of proper regulation raises practical problems of law enforcement and does not guarantee the stability of civil circulation in this area of legal relations. The purpose of the article is to actualize the problematic issues of property law, as the modernization of civil legislation cannot be completed without proper reforming of property right and other proprietary interests. The leading approach to research into this issue is the analysis of civil legislation, the Concept of the development of civil legislation and the draft of Russian Federal Law, which makes it possible to identify the problems of regulating property-legal relations and search for the possibilities for their subsequent resolution. The current usage of limited property rights is significantly difficult. That problem exists due to the lack of guaranteed protection of the owners' rights to other people's things. As a result, there are doubts in the possibility of realizing of the owners' rights without prejudice to their interests. The bearer of limited property rights must be sure of the correctness of his actions and the correct understanding of content of the norm. This is why the right to someone’s things should be guaranteed. The completed analysis can contribute to the protection of the rights and interests of property owners and people owning other people's property on limited property rights.