Types of easements and peculiarities of their implementation in the Russian and Vietnamese Law

Abstract

The relevance of this article is substantiated by the absence of unified approach toward comprehension of the legal nature of public easement. Insufficient regulation of easement relations in civil legislation of the Russian Federation (easement is mentioned in just four articles of the Civil Code of the Russian Federation) entails the problems in law enforcement practice. One of such problems is the absence of universal classification of easements that would ensure unity of the mechanism for regulating easement relations, which affords grounds for amending the current Russian legislation. The attempt to systematize easements suggested by the real right reform is polemical and yet to be approved. The subject of this research on the basis of comparative legal analysis is the provisions of the types of easements and peculiarities of the implementation in the Russian and Vietnamese law. The novelty lies in carrying out a comprehensive comparative legal analysis of the types of easements in the Russian and Vietnamese law. The conclusion is made on the gap in the mechanism of regulation of easement relations in the Russian legislation. The need is substantiated for the systemic construction of easement norms in the Civil Code of the Russian Federation. The author makes recommendations for the improvement of the provisions on easement in the reform, and outlines the vector of development of this institution in the current legislation of Vietnam. The theoretical and practical value of this work gives an in-depth perspective on the civil law of the Russian Federation and Vietnam.