MODERN CONCEPT OF PROPERTY RIGHT

Abstract

The article is devoted to the formation of a modern concept of property law in the context of the transformation of the system of objects of civil rights and the emergence of new forms of economically valuable goods. It is substantiated that the traditional approach, in which the property sphere of civil relations is considered mainly through the prism of things and property rights, does not fully correspond to the current state of civil turnover. The correlation of categories of property, property and obligation law is analyzed, the features of property rights are defined as independent objects of civil rights. The legal nature of the right of expectation and special property right to the future real estate object has been investigated. Based on the analysis of the practice of the Supreme Court, the possibility of the existence of a legally protected property interest before the emergence of ownership of the relevant material object has been established. The development of legislative approaches to the consolidation of special property rights is considered and their significance for expanding traditional ideas about the system of property rights is determined. Special attention is paid to digital things, digital goods and virtual assets as the latest objects of civil turnover. It is established that the property nature of the relevant good should not depend solely on its material form or the formal extension of the legal regime of the thing to it. It is argued that economic value, turnover, ability to provide property benefits and the possibility of legal consolidation of the corresponding good to a certain person can act as determining features of its property nature. It is proposed to consider property law as an independent civil law category that covers legally secured economically significant opportunities of a person in relation to material and intangible goods and is not reduced exclusively to property rights or other property rights. The expediency of the functional approach to determining the legal nature of property rights, under which their specific legal regime is established taking into account the content of the right, the nature of the object, its turnover capacity and the ways of realizing the property interest, has been substantiated.