AGREEMENT ON THE ESTABLISHMENT OF AN EASEMENT UNDER THE LAW OF RUSSIA AND VIETNAM
DOI:
https://doi.org/10.24866/1813-3274/2023-1/141-151Keywords:
easement, agreement on the establishment of an easement, binding legal relations, restriction of property rights, agreement, real contractAbstract
The article examines the legal nature of the agreement on the establishment of an easement within the main provisions of the current legislation of Russia and Vietnam, as well as the proposed amendments to Bill № 47538-6 on amendments to the Civil Code of the Russian Federation (hereinafter referred to as the draft bill). As a result of the analysis, it was concluded that the agreement on the establishment of an easement is an independent civil law contract, leading to the emergence of not only real, but also binding rights. Based on the proven legal nature of this agreement, a brief analysis of its legal qualification, the rights and obligations of the parties, as well as the conditions for its termination are defined. Specific proposals have been developed to improve the main provisions concerning the treaty in question in the legislation of Russia and Vietnam.