THE PROBLEM OF THE RELATIONSHIP BETWEEN PUBLIC LAW AND PRIVATE LAW RESTRICTIONS ON THE RIGHTS OF OWNERS OF NEIGHBORING LAND PLOTS

Abstract

The article considers the problem of regulation of civil law relations between the owners of neighboring land plots that develop in the exercise of the right of ownership, with the obligation to take into account the legitimate interests of neighbors, and undergo an acceptable impact, emanating from a neighboring land plot. The purpose of the study is to analyze the problem of legal regulation of legal relations in the field of civil law that develop between the owners of borderland plots. In the course of the study, a number of scientific methods are used: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. The results of the study make it possible to reveal a gap in the legislative regulation of civil law relations, stipulating the obligation of the owner to take into account the legitimate interests of owners of neighboring land plots. The article determines the differences between such legal categories as the limits of the exercise of the right to property and the limits of the right to property, these categories are delimited with the notion of «abuse of the right to cause harm to another person».