Правовое государство: теория и практика (Sep 2022)
ON THE SPECIFICITY OF THE OBLIGATIONS OF THE PARTIES TO NEIGHBORHOOD LEGAL RELATIONS
Abstract
The existence of good neighborhood relations is based on the scrupulous performance by each of the parties of their obligations, which ultimately results in the observance of an order based on law. Purpose: to analyze the problems of legal regulation of the obligations of the parties to neighborhood legal relations, their characteristics and content. In the course of the study, general scientific and specific scientific (legal and dogmatic, interpretation of legal norms, and others) research methods are used. Results: it is established that, to date, there is no legal definition of the obligations of neighbors, the obligations of the parties to neighborhood legal relations are separately enshrined in various normative acts, including in sources of public branches of law. It is concluded that an obligation of a party in neighborhood legal relations should be understood as a measure of proper behavior of one person (neighbor) established by law, agreement of the parties or custom in order to satisfy the interests of another person (another neighbor), provided with the possibility of applying coercive measures. The main purpose of fulfilling civil law obligations of the neighbors is to ensure the observance of the rights and legal interests of the parties to neighborhood legal relations, in which the conduct of each party to this legal relationship will not exceed the permissible limits, established by law, including sanitary, urban planning, building, technical regulations and standards, either by any agreement of the parties or by customs in force in a particular territory.
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