НЕОБХОДИМЫЕ ЭЛЕМЕНТЫ ОБЩИХ ПОЛОЖЕНИЙ О ВЕЩНЫХ ПРАВАХ
THE REQUIRED ELEMENTS OF THE GENERAL PROVISIONS ON CORPOREAL RIGHTS

Summary/Abstract: The purpose of this research is to define the fundamental categories of corporeal right. In order to fulfill this purpose, the following objectives have been set: firstly, the principles of legal regulation of the corporeal relations should be singled out; secondly, the signs of corporeal right as a generic category combining its numerous versions should be formulated; thirdly, the properties or most important attributes of corporeal right should be determined. The research tasks have been solved with the help of the general scientific methods, such as dialectics, analysis and synthesis, abstraction and specification. Furthermore, some special methods were used: comparative legal method, technical legal method, legal modeling, and historical legal method. The obtained results are specific provisions formulated by the author as three major elements of the general provisions of corporeal right. The first conclusion is that the principles of corporeal right constitute fundamental ideas for civil regulation of the public relations in the sphere of accessory of material benefits. These principles are important for corporeal right as a separate subbranch of civil right. They should be useful for creation of regulations, i.e., in law making, and law enforcement activities. The second conclusion is that the signs of corporeal right as of a special civil category reflect the specifics of subjective corporeal right. They characterize the features of object, content, and mechanism of its civil protection. The third conclusion is that the main properties of corporeal rights are considered exclusiveness, right of benefit, and right of following. The practical value of the research consists in that its conclusions can form a theoretical basis for enhancement of the civil legislation in the sphere of corporeal rights.

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