Kostin, P.Y. Proprietary complex as a combination of subjective civil rights and obligations

Abstract: The modern theory of civil law includes the topical problem of the existence of the «property complex » as an independent object of civil law. The overlapping of various legal matters, which are regulated by norms of real and obligation law within the property complex as a single object of law causes a number of practical problems in the establishment of applicable laws and legal relations, as well as some conflicts of laws in the process of their application. The non-uniform character of the property complexes in the real law also prevents the development of the united teaching on the property complex in the civil law doctrine. By analyzing the historical development of the category of «property complex» the author comes to a conclusion that the property complex should be understood as a combination of subjective rights and obligations, which change their subject within the framework of the universal succession. Such an understanding of this category allows to form the unified elements of such property complexes in the civil law, as the enterprise, estate, and property of the spouses.

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