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Features of the Legal Construction of an Easement in Russian and Vietnamese Law
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Features of the Legal Construction of an Easement in Russian and Vietnamese Law
Abstract
PII
S1991-32220000622-3-1
DOI
10.61205/jzsp.2023.089
Publication type
Article
Status
Published
Authors
Ngoc Tuyen Vu 
Occupation: Senior Lecturer, Department of Fundamental Education
Affiliation: Moscow State University of Civil Engineering (National Research University)
Address: Moscow, Russia
Nguyen Thi Hoan
Occupation: Postgraduate Student, Department of Civil Law
Affiliation: Kutafin Moscow State Law University (MSAL)
Address: Moscow, Russia
Edition
Volume 19 No. 6
Pages
130-138
Abstract

In the studies devoted to the legal construction of easement in Vietnamese legislation, Vietnamese authors do not achieve significant achievements and the latter stop only at the level of studying definitions and terminology. In order to eliminate this state of scientific elaboration of this issue in Vietnam, it is advisable to turn to civil science and the provisions on easement in the legislation of Russia, whose civil code has had a great impact on the development of civil legislation in Vietnam.

The purpose of the study is to reveal common and different approaches regarding the definition of servitude, its constitutive features and content in the law of Russia and Vietnam, as well as to develop an approach to improving the regulation of servitude relations in the legislation of both states. Within the framework of the study, the following tasks are set: conducting a comparative analysis of the civil-legal structure of the easement under the law of Vietnam and Russia, taking into account the proposed provisions of Draft Law No. 47538-6 on amendments to the Civil Code of Russia.

The methodological basis of the research consists of: the historical method, the comparative legal method, the synthesis method and the logical method.

Results and Conclusion. A comparative legal analysis of the features of the easement legal construction in Russian and Vietnamese law is carried out. Based on the analysis of normative materials, the doctrine of easement and judicial practice, it is concluded that in terms of its content, an easement under the law of Russia and Vietnam is the weakest of the limited property rights and can exist independently of the recognition of the right of private ownership of land. It was revealed that the general approach of the legislator of Russia and Vietnam agrees that the range of easement objects should be limited only in relation to immovable things. It is established that the differences concerning the rights of the holder of the easement, according to the law of Russia and Vietnam, consist in its scope. It is proved that the proposal to expand the content of the easement in view of providing the authorized person with the opportunity to demand compliance with prohibitions from the owner of the service area is unacceptable.

Keywords
easement, legal construction, Vietnamese law, restriction of property rights, real right, property rights in foreign things
Date of publication
11.12.2023
Number of purchasers
7
Views
82
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Additional sources and materials

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