Abstract

The article examines the genesis of the fundamental property-legal principle – the principle of numerus clausus, and its reflection in the legislation and judicial practice of various legal orders. The main approaches to substantiating the need to limit the list of property rights are critically considered. An ambivalent attitude towards the principle of numerus clausus of property rights is demonstrated when its dogmatic rigidity in practice encounters with many exceptions in connection with the socio-economic demands of society. The conclusion about the need to develop a tendency to soften the imperative regulation of property rights and a departure from axiomatic ideas about the phenomenon considered in the article.

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