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Способы защиты вещных прав: проблема систематизации

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The article explores the issues of splitting subjective rights in rem into regulatory and remedial ones, as well as the significance of the binary system of claims in rem in private law. The author concludes, firstly, that the classification of remedial rights in rem contradicts the approach to analyzing remedies established in civil law legal systems, since a remedy is an inherent part of the content of a subjective right in rem. Secondly, the binary system of claims in rem satisfies all the needs of practice for additional remedies, as it possesses a universal character. Even if a legal order allows for other remedies, this does not mean that they cannot be logically reduced to either rei vindicatio or actio negatoria. Keywords: subjective private rights; rights in rem; remedies; binary system of claims in rem; rei vindicatio; actio negatoria.

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