ПРИНЦИПЫ ИСПОЛНЕНИЯ СЕРВИТУТА, ВОЗНИКАЮЩЕГО ИЗ ДОГОВОРА
PRINCIPLES OF EASEMENT EXECUTION BASED ON CONTRACT

Summary/Abstract: The paper considers the general principles of executing obligations under the current legislation, as applied to the obligations of easement, based on the contract (agreement). The doctrine has not adequately solved this question, but development of the relevant provisions is of great practical importance for unification of the law enforcement. As a result of the analysis of the current legislation, it was concluded that there are certain aspects of the legislative regulation of execution of the easement obligations. The paper distinguishes the general and specific principles, under which the easement obligations should be executed and all disputes associated with this process should be resolved. The general principles are proper fulfillment of the obligation, impermissibility of unilateral refusal to perform the obligation, honesty and mutual assistance of the parties performing the obligation, specific performance. Special attention was paid to the proportionality principle, which is considered in two aspects: proportionality of the actual encumbrance over the immovable property and proportionate payment for the easement. The paper finally stablishes that the existing laws on the matter need further improvement and specification in what concerns the special principle of executing the obligations.

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