Efficient Exercise of Property Rights and Civil Law

Abstract

The author of the article examines the principle of effective implementation of the property right. The principle assumes rational behavior of the proprietor, reasonable and economic expediency of his or her actions and the effectiveness of the measures that he or she takes. Meanwhile the effectiveness is rather a qualitative that quantitative feature of the proprietor behavior. According to the author’s opinion, the grounds for the effective implementation of the property right have economic and ethical backgrounds. They influence legislative regulation of the property relations. The author refers to the doctrinal sources, legislation and court practice. He, therefore, concludes that the principle of effectiveness of the implementation of the property right is reflected in the legal system in general as well as in particular norms and institutes of civil legislation. The principle of effective implementation of the property right can influence the meaningful content of certain legal constructions (appearance and termination of the property right, implementation of this right). It can also influence on legally applied activity while solving individual disputes (on belonging of the property, on defining the size of the part of the property in property right).