ՍԵՓԱԿԱՆՈՒԹՅԱՆ ԻՐԱՎՈՒՆՔԻ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ԵՎ ԻՐԱՎՈՒՆՔՆԵՐԻ ԻՆՔՆԱՊԱՇՏՊԱՆՈՒԹՅԱՆ ՓՈԽՀԱՐԱԲԵՐԱԿՑՈՒԹՅՈՒՆԸ

Abstract

Main aim of the article is to analyze the correlation of the institutes of protection of property rights and self-protection of rights. The natural course of civil rights is also due to the fact that this right lies in the sphere of ownership, control and predictability of the rightholder. The legal possibility of self-defense in the system of property rights protection is applicable not only on the basis of the circumstances of self-defense of the rights enshrined in the general provisions of civil legislation, but also in accordance with special norms. The chapter entitled "Protection of property and other property rights" essentially provides for at least two measures of self-defense of the rights enshrined in articles 274 and 277 of the Civil Code. It is necessary to clearly coordinate self-defense measures and the scope of their application in the RA Civil Code, otherwise there are problems with the practical application of self-defense rights. There are no clear legislative delimiters regarding the system of protection of rights. Are the defense guarantees of individual legal institutions part of the system of protection of private law? Can the right holders of rights protected by private law institutions that have a separate system of protection use general forms of legal protection, for example, self-defense of rights? In the course of the study, a comparative legal method was applied. We have come to the conclusion that the protection of property rights on at least two legal grounds can be carried out through self-defense of rights, being enshrined in both general legislative and special parts.