Genesis of Legal Framework for Servitude of Right of Way: Legal and Practical Aspects of Interests of Dominant and Servient Property Owners. Summary of the Doctoral Thesis

Abstract

Property rights are one of the most important fundamental human rights. However, property rights can be restricted to protect the interests of society as a whole or of individuals. One of the restrictions on property rights is a servitude of right of way, in case of establishment of which the rights of one property owner are restricted for the benefit of another person or property owned by another person. The Doctoral Thesis is devoted to the study of the genesis of the institute of servitude of right of way from its beginnings to the present day, revealing the peculiarities of the legal regulation of the servitude of right of way in the Ancient Roman primary sources and its reflection and legal expression in the Civil Law, looking at its gradual development in different periods of time. The genesis of the development of the institute of servitude of right of way is viewed through the formative prism of the implementation of the rights of the dominant and servient property owners, ensuring proportionality and protection of interests, revealing the external legal and practical conditions affecting the interests of property owners, for example, the existing legal system in the country; government decisions made in the sector; amendments to the substantive and procedural legal norms affecting the institute of servitude of right of way; findings of judicial practice and their impact on solving problems related to servitudes of right of way and protecting the legal interests of owners in servitude cases. In the study, special attention is devoted to the research and analysis of the practical application of the legal norms governing the establishment and termination of servitudes of right of way. The aim of the Doctoral Thesis is to study the development of the legal regulation of the servitude of right of way, to evaluate the legal and practical aspects of the settlement of the interests of the owners of the dominant and servient properties, to identify theoretical and practical problems in order to develop proposals for the further improvement of the institute of servitude of right of way and to ensure the interests of the owners of the dominant and servient properties.