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Journal of Foreign Legislation and Comparative Law
Reference:

Sinitsin S.A. Closed List of Absolute Rights in Legislation and Theory of Some States of Continent Europe

Abstract: The article considers legal content, the necessity of implementation, and the scope of the “closed number” (Numerus clausus) principle in civil legislation on the example of civil law of the continental Europe countries (France, Germany, Switzerland, Holland, Russia). The possibility of referring of Numerus clausus to individual, identifying characteristics of some kind of subjective civil rights, including proprietary and absolute is researched by the author. The meaning of Numerus clausus as empowerment in the method of civil regulation is proved. The validity of understanding of Numerus clausus as a principle or as a sign of a certain kind of subjective rights is denied.


Keywords:

absolute rights, corporeal rights, closed list of corporeal rights, Numerus clausus.


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